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(a) Standard refuse container. The standard refuse container required by this chapter shall be a receptacle of impervious material and sturdy construction, with a tight fitting cover, and shall be provided by the department of streets and sanitation.
(b) Commercial refuse container. The commercial refuse container required by this chapter shall be provided or contracted for by the property owner or his agent or the occupant of an occupational unit, and shall be a leak-resistant, rodent-resistant, and lidded container which is constructed of impervious material and subject to the inspection of the department of health and the department of streets and sanitation.
(c) Refuse compactor. The refuse compactor required by this chapter shall be a leak-resistant and rodent-resistant container constructed of impervious material and capable of reducing the volume of waste contained within it a minimum of 65 percent, subject to the inspection of the department of health and the department of streets and sanitation, and provided or contracted for by the property owner or his agent, unless otherwise agreed to by the lease agreement.
(Prior code § 99-15; Amend Coun. J. 7-7-99, p. 6985)
(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)
(a) The owner of a commercial refuse container or compactor, or grease container, at a building where refuse is removed at the expense of the owner, his agent or occupant of the property, shall label the container with the following information: the address of the person using the commercial container; in the case of a business, the name of the business or businesses served by the container, and the name and telephone number of the person providing refuse collection service for that container; and, in the case of a residential building, the name of the person responsible for payment for refuse collection service for that container at the building. The labeling shall be indelible, in letters no less than one inch high, in a color that contrasts clearly with its background, placed on the vertical surface opposite the hinge of the container's cover. The container shall be placed during normal use so that the label is visible from the alley adjacent to the building served by the container. Said owner, in addition to or as part of affixing the required label, shall equip each container with a form of technology (by way of non-limiting examples, a bar code or wireless transmitting device), following approval of that technology by the commissioner of streets and sanitation in consultation with the commissioner of transportation, that enables authorized city personnel to (i) verify that the container is properly permitted, and (ii) ascertain other information specified by said commissioners that is relevant to the legal status of the container. Containers used exclusively for recycling shall be marked in a manner specified by the commissioner of transportation.
(b) No person shall cover, alter, obscure or remove the identifying label or technological device required under subsection (a) of this section.
(c) Any person who violates any provision of this section shall be fined not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 7-13-94, p. 53272; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 10-3-01, p. 68141, § 2; Amend Coun. J. 5-13-09, p. 63017, § 2; Amend Coun. J. 6-25-14, p. 82896, § 1; Amend Coun. J. 2-10-16, p. 18540, § 1)
It shall be the duty of the occupant of every occupational unit to provide or contract to maintain in good condition and repair, unless otherwise provided for by lease agreement, sufficient commercial refuse container(s) and scavenger service to meet its waste generation and recycling needs, so as not to allow the container(s) to overflow.
It shall be the duty of the licensed scavenger to maintain in good condition and repair such commercial refuse containers. Notwithstanding this requirement, and unless otherwise agreed to by the parties via contract, the occupant shall be liable for its usage of the container(s) and for notifying the property owner or his agent of the need for additional containerization or service, including recycling service.
The owner or his agent of every multiple dwelling with five or more dwelling units, if not required to have a compactor under section 7-28-225 at the owner's or his agent's expense shall provide or contract for sufficient commercial refuse containers using a minimum standard of 1/4 cubic yard for each occupied dwelling unit per week, including container space for recyclable material. The 1/4 cubic yard requirement can be lowered if the multiple dwelling can verify a lower waste generation rate over a period of months. The commissioner of streets and sanitation shall have the authority to promulgate rules and regulations related to the cubic yard verification. If an owner of a multiple dwelling elects to contract for refuse pickup more than one time per week, the minimum cubic yard standard shall decrease accordingly.
All refuse which is placed for collection service outside of the building must be kept in standard or commercial refuse containers or refuse compactors.
(Prior code § 99-16; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 2-9-11, p. 112120, § 1; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 2)
It shall be the duty of the owner or occupant of an occupational unit and the owner of a multiple dwelling with five or more dwelling units with a waste generation of 50 cubic yards recyclable material collected as part of a recycling program, such as recyclable material collected in accordance with Chapter 11-5, to provide or contract for a refuse compactor and collection service with a minimum of once per week collection, except that a compactor shall not be required (i) when there is no suitable location on private property, or (ii) for multiple dwellings with five or more dwelling units that are only accessible by use of a private driveway, or (iii) if the occupational unit or multiple dwelling receives refuse collection service a minimum of five times per week. If the department of streets and sanitation determines there is a suitable location on the property, but the owner or his agent does not wish to use the space for the compactor, a permit for use of the public way shall be required. If the department of streets and sanitation determines that a compactor may not be placed in the public way, the compactor must be placed on the suitable location on private property. The commissioner of streets and sanitation shall have the authority to promulgate rules and regulations regarding the definition of suitable location and regarding the exclusion of commingled recyclables from the 50 cubic yard weekly refuse amount.
(Added Coun. J. 7-7-99, p. 6985; Amend Coun. J. 10-3-01, p. 68141, § 2; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 2)
Editor's note – The provisions of this section were effective July 7, 2000.
(1) Zone of nonoperation. No person shall grind or compact, or load into a mobile or stationary grinding or compacting device, garbage, wastes, refuse or other matter (within the meaning of Section 4-6-130, of this chapter), without a special permit, between the hours of 9:30 p.m. and 7:00 a.m., Mondays through Fridays, and between the hours of 9:30 p.m. and 9:00 a.m., Saturdays, Sundays and holidays, on any street, alley, public way or on public or private property within the boundaries of the City of Chicago, which: (A) is within the area bounded by Weed Street on the north, Halsted Street on the east, Blackhawk Street on the south and Dayton Street on the west, or (B) adjoins or is within 250 feet of any business or residential zoning classification as defined in the Chicago Zoning Ordinance; except that this section shall not apply to that area bounded by the Chicago River on the north, Lake Michigan on the east, a line delineated by Ida B. Wells Drive extended and Ida B. Wells Drive on the south, the South Branch of the Chicago River on the west. Special permits to operate within the zone of nonoperation during the hours prohibited aforesaid, may be issued by the commissioner of streets and sanitation only after a showing, based on health, safety or public welfare that an extreme hardship exists. This section shall not apply to household appliances.
(2) Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with, or resisting or opposing the enforcement of, any of the provisions of this Section 7-28-226, shall upon conviction thereof, be fined not less than $500.00 nor more than $1,000.00.
(Added Coun. J. 5-9-12, p. 27485, § 157; Amend Coun. J. 11-8-12, p. 38872, § 143; Amend Coun. J. 12-12-12, p. 42395, § 1; Amend Coun. J. 11-20-19, p. 9510, Art. I, § 4)
(a) Every owner, manager or general contractor of any building, structure or parcel, for which a permit for new construction or demolition at the site has been issued, shall provide and maintain in good condition and repair commercial refuse containers sufficient in size and number to prevent any overflow or accumulation of refuse outside of the containers.
(b) It shall be the duty of every owner, manager or general contractor to cause all refuse, excluding construction or building material and debris, produced or located at the site to be deposited daily in the commercial refuse containers.
(c) It shall be the duty of every owner, manager or general contractor to keep each commercial refuse container located at the site covered with a tightly fitted cover at all times, except when opened for deposit or removal of the refuse.
(d) It shall be the duty of every owner, manager or general contractor to cause to be removed at his own cost and expense all refuse, excluding construction or building material and debris, located at the site. The removal shall be of such frequency to prevent the overflow and accumulation of refuse outside of the containers and shall be in accordance with the provisions of this Code.
(e) No container used for the storage, collection and removal of refuse shall be placed so as to constitute a nuisance to adjacent property or the occupants thereof.
(f) Any person who violates any provision of this section shall be fined not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 5-2-01, p. 57399, § 1)
Standard and commercial refuse containers shall be placed for collection in the following manner:
(a) (1) Except as provided in subsection (a)(2) of this section, for alley collections, at the public alley lot line on the premises served so as to be immediately accessible to refuse collection vehicles. It shall be the duty of the property owner or his agent to provide suitable space at such public alley lot line for such container; provided, however, that a container may be placed in the public way if: (i) the property does not have suitable space as determined by the Department of Streets and Sanitation and defined in the rules promulgated pursuant to this chapter, and (ii) the structure on the property was in existence on July 31, 1999.
(2) A property owner or his agent seeking City refuse collection may petition the Commissioner of Streets and Sanitation to be allowed to place one or more refuse containers in the public alley if the property owner or his agent can show: (i) that there is insufficient room to put the containers on the owner’s property; (ii) that the refuse containers can be placed directly adjacent the owner’s property; and (iii) that the containers can be placed so as to not obstruct traffic through the alley. The Commissioner shall reject the petition if all three conditions are not satisfied.
(b) For curb collections, at the curb line not earlier than the evening preceding the designated collection day, and removal from the public way not later than the evening of such day, except for occupational units not operating on the day after collection.
(c) No container used for the storage, collection and removal of garbage or other refuse shall be placed so as to constitute a nuisance to adjacent property or the occupants thereof. If a refuse container belonging to one property is found in a location other than one of the locations prescribed by this section, the owner of the property which the container serves shall be liable for a violation of this section.
(Prior code § 99-17; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 11-21-17, p. 61755, Art. II, § 1; Amend Coun. J. 11-26-19, p. 11514, Art. X, § 1)
(a) Except as otherwise provided in this section, the City shall be the exclusive provider of refuse collection services to the dwelling units identified in subsection (a)(1)(i) through (a)(1)(iv) of this section, and to the properties identified in subsection (a)(2) of this section, if such dwelling units or properties directly abut the public way and the refuse container is placed for collection in accordance with Section 7-28-230:
(1) for dwelling units:
(i) a single dwelling;
(ii) a multiple dwelling containing four or fewer dwelling units;
(iii) a townhouse when the refuse container is placed for collection in compliance with Section 7-28-230; or
(iv) a multiple dwelling that is licensed as a bed-and-breakfast establishment pursuant to Section 4-6-290 and contains four or fewer dwelling units unless the Commissioner of Streets and Sanitation determines that the establishment is producing an unreasonable amount of refuse for a building of its size, notifies the owner or owner's agent of such fact in writing, and provides the owner or owner's agent with an opportunity to correct the problem in a manner prescribed by the Commissioner; and
(2) for all property owned by a not-for-profit organization if such property was receiving City refuse collection services as of January 1, 2016. Provided, however, that such not-for-profit organization shall be required to have its refuse collected by a private scavenger holding a valid license under Section 4-6-130 if: (A) such not-for-profit organization has net assets or fund balances of one million dollars ($1,000,000.00) or more at the end of the immediately preceding tax year or calendar year; or (B) the property owned by such not-for-profit organization either: (i) contains eleven or more garbage carts for refuse collection, or (ii) is determined by the Commissioner of Streets and Sanitation ("Commissioner") to require eleven or more garbage carts in order to prevent refuse from: (a) overflowing the carts provided, or (b) exceeding the capacity of the carts provided in a manner that prevents the lids of the carts provided from being securely fastened shut, or (c) creating other unsanitary conditions on the property; or (C) such not-for-profit organization fails to file with the Department of Finance a timely and completed application for an exemption from water charges within the meaning of Section 11-12-540(d). Provided further, that:
(i) The Commissioner shall provide the owner of any property that is ineligible for City refuse collection services under subsection (a)(2)(A), (a)(2)(B) or (a)(2)(C) of this section with written notification of such fact, which notification shall provide the owner with an opportunity to be heard by the Commissioner or the Commissioner’s designee on the limited question of whether the eligibility criteria for City refuse collection services have been met. Following such written notification, the Commissioner shall cease providing City refuse collection services to such property as of the date certain identified in the written notification.
(ii) After written notification to the Commissioner, an owner of any property that is eligible to receive City refuse collection services under this subsection (a)(2) may choose to provide for refuse collection by a private scavenger holding a valid license under Section 4-6-130.
(b) Except as otherwise provided in subsection (c) of this section, the owner of any dwelling unit or property required to have City refuse collection pursuant to this section shall be responsible for payment of a refuse collection fee of $9.50 per month per dwelling unit or per property for those properties subject to subsection (a)(2). The billing of the refuse collection fee and penalties authorized by this section shall be added to and separately recited upon a unified statement of charges, as that term is defined in Section 11-12-010. The unified statement of charges shall be prepared and sent to the billed party in such time periods as established by the Comptroller and shall be subject to Section 11-12-480.
(c) The refuse collection fee for a person 65 years or older who (i) owns and resides in his own dwelling unit, and (ii) receives a Senior Citizen Assessment Freeze Homestead Exemption for that dwelling unit pursuant to 35 ILCS 200/15-172, shall be 50% of the refuse collection fee set forth in subsection (b). The Comptroller is authorized to promulgate rules for the administration of this subsection, including any requirements for an application in a form and format prescribed by the Comptroller.
(d) A late payment penalty assessed at a monthly rate of one and one-quarter percent shall be imposed on all refuse collection fee for which payment in full is not received within 24 calendar days from the date the unified statement of charges was sent as shown by the records of the Department of Finance. Where the correctness of a charge imposed under this section is disputed and where complaint of such incorrectness has been made prior to the time the usual penalty would be imposed, and where the adjusting of such complaint requires additional time, the penalty may be held in abeyance up to and including the tenth day succeeding the resending of such bill.
(e) (1) Unless otherwise provided by law or rule, a full payment certificate for refuse collection charges is required in all transfers of real property whether such transfers are subject to or exempt from the real property transfer tax pursuant to Chapter 3-33 of this Code. In order to obtain a full payment certificate for refuse collection charges, an application with an application fee of $50.00 shall be made to the Comptroller. Provided, however, if the property is exempt from the real property transfer tax, the full payment certificate application fee shall not be charged. If a full payment certificate was required and such certificate was not obtained when the real property was transferred, both the transferor and the transferee will be jointly and severally liable for any outstanding refuse collection charges and penalties that have accrued.
(2) Before control of a property subject to the Illinois Condominium Property Act is transferred from the developer to the board of managers, a certificate of payment for full payment of refuse collection charges shall be obtained from the Comptroller upon application and payment of an application fee of $50.00. Such certificate of payment shall be obtained within 30 days prior to the election of the first unit owner board of managers. The terms used in this section shall have the same meanings as those in the Illinois Condominium Property Act. Subsequent transfers of a unit within a condominium building subject to this section require a certificate of payment.
Where a townhome or condominium association's assessments include the individual owner's share of the refuse collection charge, the Comptroller may issue a certificate of condo or townhome owner payment upon application and payment of an application fee of $50.00.
(Added Coun. J. 10-28-15, p. 12062, Art. IX, § 2; Amend Coun. J. 11-9-16, p. 36266, § 6; Amend Coun. J. 11-21-17, p. 61755, Art. II, § 2; Amend Coun. J. 11-26-19, p. 11514, Art. X, § 2; Amend Coun. J. 7-20-22, p. 50569, § 3)
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