A. Municipal Multi-Family Solid Waste Hauling License Required: No hauler shall engage in the collection of multi-family municipal solid waste or multi-family recyclable materials from a multi-family home within the village corporate limits without first having applied for and obtained a municipal multi-family solid waste hauling license to do so from the village.
B. License Procedure:
1. Application: Application for each municipal multi-family solid waste hauling license shall be made in writing to the village clerk on the form provided by the village, shall be verified by the applicant and shall contain the following information:
a. The name and address of the applicant; if the applicant is a partnership, the application shall show for each partner his name and address and interest and also all information contained by subsections B1b and B1c of this section. If the applicant is a corporation or a limited liability company, the application shall show the name and address of the registered agent, and with respect to each director, and each shareholder owning five percent (5%) or more of the corporation/LLC's shares: 1) his name and address, 2) the information required by subsection B1c of this section, and in addition, with respect to each director and shareholder owning more than twenty five percent (25%) of the shares, the information required by subsection B1b of this section.
b. The experience of the applicant in the collection, transport and disposal of multi-family municipal solid waste and applicant's (or principal owner) business experience (or a related field) during the five (5) year period immediately preceding the date of the application.
c. The criminal record, if any, of the applicant.
d. The rates or a schedule of rates proposed to be charged.
e. The number and kind of vehicles owned and controlled by the applicant, and the number and kind of vehicles proposed to be licensed hereunder for use in the collection of multi-family municipal solid waste and recyclable materials from within the village's corporate limits. An application may be amended from time to time during the license period to provide for increases or reductions in the number of vehicles.
f. The location of the applicant's office and garage.
g. The color scheme, insignia and trade name to be used to designate the vehicles of the applicant.
h. Certification that a working phone number to reach the hauler is visibly posted on each designated vehicle.
i. A policy or certificate of insurance, issued by a company acceptable to the village, showing proof of insurance as required below. All such policies or certificates of insurance shall be in an acceptable form. The applicant shall maintain the full insurance coverage required herein at all times and a duplicate certificate of insurance shall be deposited with the village clerk and shall provide that such insurance may not be canceled except upon thirty (30) days' prior written notice to the village clerk. The insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the applicant under the terms of this chapter. The applicant shall procure and maintain at its own cost and expense any additional kinds and amounts of insurance, which, in the applicant's own judgment, may be necessary for its proper protection.
(1) Workers' Compensation Insurance: The applicant shall carry this with a company authorized under the laws of the state of Illinois with a policy to protect itself against liability under the workers' compensation act and the workers' occupational diseases act of the state of Illinois.
(2) Vehicle Liability Insurance: The applicant shall carry under its own name a comprehensive policy to insure the entire vehicle liability for its operations with limits of not less than three million dollars ($3,000,000.00) each person and five million dollars ($5,000,000.00) each accident bodily injury liability and one million dollars ($1,000,000.00) each accident for property damage liability.
(3) General Liability: The licensee shall carry in its own name a comprehensive liability policy for its operations other than vehicular operations with limits of at least three million dollars ($3,000,000.00) each person and five million dollars ($5,000,000.00) each accident bodily injury liability and one million dollars ($1,000,000.00) each accident for property damage liability.
j. Such other information as the village may require from time to time.
2. License Issuance: The village shall approve the application and issue the municipal multi-family solid waste hauling license upon the payment of the fee required herein if they find:
a. The applicant is not in default to the village;
b. The applicant has conducted his business in accordance with the ordinances and regulations of the village;
c. The equipment used in the applicant's business meets the requirements of the ordinances and regulations of the village;
d. The issuance of the municipal multi-family solid waste hauling license is in the best interest of the village and that the quality of service to be rendered will serve the public health, safety and welfare; and
e. All information, insurance, certificates and agreements required by this section have been provided and approved.
3. License Renewal: The village shall provide a municipal multi- family solid waste hauling license renewal form to each hauler within sixty (60) days prior to the expiration of the hauler's current license. License renewal forms shall be completed and returned to the village at least thirty (30) days prior to the expiration of the hauler's current license.
4. Accuracy Of Information: All information required to be submitted for this municipal multi-family solid waste hauling license shall be complete, accurate and submitted in a timely manner.
5. Transfer Of Ownership: Licenses are not transferable. Any attempted transfer of a municipal multi-family solid waste hauling license shall render said municipal multi-family solid waste hauling license immediately void. An ownership change in a corporation that involves the sale or transfer of thirty five percent (35%) or more of the stock shall void the existing municipal multi-family solid waste hauling license.
C. License Issuance Or Denial:
1. License Action: The village shall have thirty (30) days from the receipt of a complete application or renewal application to issue or deny the municipal multi-family solid waste hauling license or renewal thereof.
2. Notification: The village shall notify the applicant in writing of the issuance or denial of said application. Denial of said municipal multi-family solid waste hauling license shall be by certified mail, return receipt requested.
3. License Denial: A license denial shall provide written notice stating the basis for the denial and shall provide notice to the applicant that if an appeal is desired, a written request for a hearing must be filed within fifteen (15) calendar days following service, exclusive of the date of service. Upon receipt of a request for hearing, the village shall set a time and place for the hearing. The hearing shall be conducted pursuant to the procedures adopted by the village.
D. License And Vehicle Registration Fee:
1. Municipal Multi-Family Solid Waste Hauling Licenses: The fee to be paid for such municipal multi-family solid waste hauling licenses shall be at the rate set forth in the annual fee resolution and must be made payable to the village clerk. Payment of all fees must accompany the municipal multi-family solid waste hauling license application or renewal.
2. Vehicle Registration: The village reserves the right to issue a decal and require the placement of said decal conspicuously on the outside of each vehicle so utilized by the hauler. Such decals may be issued annually. The number of said vehicles utilized by the hauler shall be reported in the application. If the village exercises the right to require decals on each vehicle, no vehicle may be used without displaying said decal.
E. Reporting: On or before January 31 of each year, the hauler shall submit a written report to the village and to the solid waste agency of Lake County on its municipal multi-family solid waste and multi-family recycling operations during the previous calendar year. Said report shall contain:
1. The total tonnage of municipal multi-family solid waste collected from multi-family homes within the corporate limits of the village;
2. The total tonnage of multi-family recyclable material collected from multi-family homes within the corporate limits of the village.
F. Compliance With Other Laws: The obtaining of a license herein shall not be deemed to exclude the necessity of obtaining other licenses or permits as required by all applicable city, county, state or federal laws or regulations. The hauler shall at all times operate in compliance with all applicable city, county, state or federal rules or regulations. (Ord. 2007-17, 4-24-2007)