(A) Definitions. For purposes of this section, the following terms shall have the following meanings:
"Provider" shall mean the person who provides refuse collection services, and if applicable, the Disposal and Recycling Management Company as defined in Section 4-6-130, for a refuse container that has been provided for use at a requested location.
"Refuse container" shall mean the commercial refuse container or refuse compactor described in Section 7-28-210 of the Code. However, "refuse container" shall not include a receptacle provided for the convenience of customers of a business establishment if no refuse collection service has been contracted for that receptacle.
(B) Permit required. It shall be unlawful for any provider to place, maintain or provide refuse collection services for a refuse container for use in the City of Chicago unless such provider shall first obtain a refuse container permit for that container.
(C) Application. An application for a refuse container permit shall be made to the Commissioner of Transportation. In addition to such other information as the Commissioner may require, the applicant shall state the name, address, container locations, container sizes and telephone number of the provider or providers of the refuse container. The information shall be updated periodically or otherwise as prescribed by the Commissioner of Transportation.
(D) Permit fee. Except with respect to refuse containers intended and used exclusively either: (i) for the collection of recyclable materials or (ii) by a unit of local government or school district that levies a property tax exclusively within the City of Chicago, as to which there shall be no permit fee, the permit fee for each refuse container permitted pursuant to this section shall be as follows:
Type A (under one cubic yard).....$17
Type B (one to two cubic yards)......$32
Type C (two to 10 cubic yards).....$63
Type D (over 10 cubic yards).....$164
Type R (used exclusively for recycling).....no fee
Beginning January 1, 2021, and each year on January 1st thereafter, this permit fee shall automatically be increased in proportion to any increase in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers for the Chicago metropolitan area, up to 2.5 percent in any one year, or in an amount that the Commissioner determines is supported by the costs associated with administering such permit. The Commissioner shall ensure that such permit fee is published on a publicly accessible website. A permittee shall also be responsible for additional charges above the cost of the permit fee as described in this section.
The Commissioner of Transportation is authorized, by rule, to impose an additional technology surcharge of up to 10 percent of the above fees as may be necessary to administer data collection using the verification technology provided for in Section 7-28-217(a). Such surcharge shall be added to and payable as part of the permit fee. The permit shall be valid for a four-month period beginning on April 1, August 1, and December 1 of each year. In each year the permit fee shall be paid no later than the following dates, unless a different payment schedule is specified by the Commissioner of Transportation by rule:
July 15 for the period beginning April 1.
November 15 for the period beginning August 1.
March 15 for the period beginning December 1 of the previous year.
(E) Enforcement. This section shall be enforceable by any one of the following: the Commissioner of Streets and Sanitation, the Commissioner of Transportation, the Commissioner of Business Affairs and Consumer Protection, or the Comptroller, or their respective designees. The Commissioner of Transportation shall have the authority to promulgate such rules as the Commissioner deems necessary or appropriate for the proper administration and enforcement of this section. The Comptroller may require that a provider produce such records and other information that the Comptroller considers necessary to determine compliance with this section.
(F) Penalties.
(1) Any person violating this section or any rule or regulation promulgated under this section shall be subject to a fine of not less than $250.00 nor more than $1,500.00 for each offense.
(2) Each day that a violation is permitted to exist shall constitute a separate offense. In addition, any refuse container not validly permitted may be removed by the city, and all costs associated with such removal shall be borne by the provider of the refuse container. The owner of a refuse container, if different from a provider, shall be jointly and severally liable with the provider for any violation of this section.
(3) Where a provider has contracted with a Disposal and Recycling Management Company ("company"), as defined in Section 4-6-130, for the provision of those services, the provider and the company shall be jointly and severally liable for the penalties provided by this section.
(Added Coun. J. 5-9-12, p. 27485, § 156; Amend Coun. J. 6-25-14, p. 82896, § 1; Amend Coun. J. 4-18-18, p. 75051, § 3; Amend Coun. J. 11-24-20, p. 24619, Art. VI, § 2)