11-5-140 Education of tenants – Required.

   Except as otherwise provided in Section 11-5-100, each refuse collection customer shall develop and implement an ongoing education program to educate all tenants, residents and occupants of the premises under the refuse collection customer's control about the refuse collection customer's source-separated recycling program. Such education program shall include, but is not limited to, the following:

   (a)   flyers containing, at a minimum, the following information:

      (1)   the types of materials required to be recycled, as set forth in subsection (a) of Section 11-5-080;

      (2)   the types of materials that cannot be deposited in a recycling container, as set forth in subsection (b) of Section 11-5-080;

      (3)   instructions on how to properly prepare materials for recycling;

      (4)   the location of all recycling containers provided by the refuse collection customer and private hauler, both inside and outside the building;

      (5)   the name of the private hauler that services the premises identified in the flyer and such private hauler's collection schedule;

      (6)   the name and telephone number of a contact person authorized by the refuse collection customer to provide information and answer questions about the refuse collection customer's recycling program; and

      (7)   any other information that the Commissioner may require.

   If a refuse collection customer has a lease or rental agreement of any type with a tenant for the use by such tenant of any space within a building or portion of a building under the refuse collection customer's control, such refuse collection customer shall provide such tenant, within 30 calendar days after the effective date of this ordinance, with a copy of the flier required under this subsection (a). Thereafter, such refuse collection customer shall provide a copy of the flier required under this subsection to tenants at the time any lease, rental agreement or similar agreement between such refuse collection customer and a tenant is signed, renewed or otherwise extended; and

   (b)   Written notice to all existing residents, tenants and occupants of the building under such refuse collection customer's control of any change that is made or required to be made to the refuse collection customer's source-separated recycling program. Such notice shall be provided within ten calendar days of such change.

(Added Coun. J. 7-20-16, p. 28694, § 1)

11-5-150 Violation – Penalty.

   Except as otherwise provided in this Article III, and in addition to any other penalty provided by law, any person who violates this Article III or any rule promulgated thereunder shall be subject to a fine of not less than $500.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 7-20-16, p. 28694, § 1)

ARTICLE IV. PRIVATE HAULERS (11-5-160 et seq.)

11-5-160 Exemption.

   For purposes of this Article IV, the term "private hauler(s)" shall not include backhaulers.

(Added Coun. J. 7-20-16, p. 28694, § 1)

11-5-170 Source-separated recycling – Required.

   Each private hauler shall engage in source- separated recycling and shall source-separate materials in accordance with Section 11-5-080.

(Added Coun. J. 7-20-16, p. 28694, § 1)

11-5-180 Notification to customers – Required.

   Private haulers shall notify their refuse collection customers in writing that source-separated recycling is required under Chapter 11-5 of the Municipal Code of Chicago. In addition, the written notification required under this section shall set forth what materials are required to be source separated and shall describe the collection procedures for such materials.

(Added Coun. J. 7-20-16, p. 28694, § 1)

11-5-190 Private haulers to offer recycling services to customers – Required.

   (a)   If a private hauler provides waste collection service to a refuse collection customer, such private hauler shall offer in writing to provide recyclable material collection service to such refuse collection customer.

   (b)   If a private hauler's offer to provide recyclable material collection service is accepted by such hauler's refuse collection customer, the private hauler may provide recyclable material collection service to such refuse collection customer directly or may arrange to have such service provided to the refuse collection customer by a third-party provider. Provided, however, that if a private hauler provides recyclable material collection service to a refuse collection customer through a third-party provider, such private hauler shall be responsible for reporting all of the information required to be reported under Section 11-5-220 about the recyclable material recovered within the city by the third-party provider on such private hauler's behalf.

   (c)   If a private hauler's offer to provide recyclable material collection service is declined by the private hauler's refuse collection customer, the private hauler shall: (1) keep written documentation of such fact on file at the private hauler's primary place of business for the duration of the waste collection service contract between the private hauler and such customer; and (2) report such fact to the department, on a form provided by the department for such purposes, within 10 business days of the date on which the private hauler's offer to provide recyclable material collection service is declined by the refuse collection customer.

(Added Coun. J. 7-20-16, p. 28694, § 1)

11-5-200 Delivery of recyclable material to properly permitted facility – Required.

   Private haulers shall deliver all collected recyclable material to a properly permitted facility that will keep the recyclable material separate from waste until the recyclable material can be returned to the economic mainstream as new, used or reconstituted products.

(Added Coun. J. 7-20-16, p. 28694, § 1)

11-5-210 Record keeping – Required.

   (a)   Private haulers shall maintain complete and accurate records containing the following information: (1) the total tonnage of recyclable material collected by the private hauler from the totality of the private hauler’s refuse collection customers within the City during each calendar year; (2) the name and address of each facility to which the private hauler delivered any percentage of such collected recyclable material during each calendar year; (3) the percentage of recyclable material delivered each calendar year by the private hauler to each facility identified pursuant to item (2) of this section; (4) the location at any given time of any of the private hauler’s scavenger vehicles, following the requirements of Section 4-6-130(e)(15); and (5) any other information that the Commissioner may require in duly promulgated rules. The records required by this section shall be kept on file by the private hauler for a period of three years.

   (b)   Upon request of the City, each private hauler shall submit to the Commissioner a report containing records required by Section 11-5-210(a)(4), with the content and in the format required by the Commissioner within seven days of the request. The report shall contain an attestation, made under penalty of perjury, that the data submitted is accurate and complete.

   (c)   Failure to have a properly operational GPS device that tracks and submits the location of a private hauler vehicle at any given time or failure to record and report the location of each private hauler vehicle at any given time shall be considered a violation of this section. Each and every day that a violation exists for any individual violation of this section shall be a separate offense.

(Added Coun. J. 7-20-16, p. 28694, § 1; Amend Coun. J. 11-7-23, p. 5782, § 3)