A. Separation Required: As of January 1, 1997, all commercial establishments, having recyclable materials which accumulate on the premises, shall separate from all other municipal waste all recyclable materials as defined above for said commercial establishment. It shall also be the duty of every owner, tenant, or occupant of a commercial establishment to store these recyclables separately in designated containers.
B. Collection Of Recyclables:
1. Collection of recyclables from the commercial establishment shall be by a hauler selected by the owner or manager of such premises or by an association governing such premises, or by franchise awarded by a municipality, village or township, but which hauler is duly licensed by the County under section 11-113 of this article.
2. It shall be unlawful for any hauler to knowingly collect municipal waste from any commercial establishment that is not separating its recyclable materials for collection and recycling.
3. Each hauler shall offer, either as part of basic service, or alternatively as an additional service, the collection of recyclable materials and food scrap from any commercial business, commercial property, or institutional facility within the County. Haulers shall provide information on the requirements of this article and on how and what materials to recycle and compost at least once every other year to customers with recycling service. Haulers shall provide information on this article, along with a written offer to provide recycling services to commercial businesses, owners or operators of commercial property, and institutional facilities that are not recycling. Those offers shall be made at least once during the term of the contract or at least once every two (2) years, whichever is shorter. The hauler's written offer shall include a request that the commercial business, owner or operator of the commercial business, or institutional facility respond to the hauler's request to provide recycling services in writing.
4. Recyclable materials collected by a hauler within the County shall not be deposited into a landfill or incinerator unless all reasonable efforts have been made by the hauler to sell those recyclable materials to a processor or end user.
C. Ownership Of Refuse And Recyclables:
1. Ownership of refuse and recyclable material set out for collection shall remain with the occupant who set out the material until removal by a licensed hauler. Until the refuse and/or recyclable materials are removed by the licensed hauler, the occupant who set out the material is totally responsible for their proper preparation, handling, and storage. Ownership and responsibility for the proper handling of the refuse and recyclable materials shall vest in the licensed hauler upon removal thereon by the hauler.
2. It is unlawful for any person who is not licensed by the County to take or collect or scavenge any refuse or recyclable materials set out for licensed collection programs within the County.
D. Request For Waiver:
1. If any commercial establishment believes that it has no recyclable materials or only one recyclable material pursuant to this article, it may request authorization from the County for a waiver to separate only one recyclable material; such request shall be submitted in writing to the Kane County Department of Environmental Management and shall be supported by the results of a waste audit or other relevant information, which shall be submitted with the request.
2. The County shall have thirty (30) days from the receipt of the request to approve or deny authorization for waiver. The decision shall be in writing and shall be served personally to the person requesting authorization or by certified mail to the address provided in the written request for waiver. A decision of denial of a waiver to separate only one recyclable material shall include a written notice stating the basis for the denial and shall provide notice to the applicant that a hearing may be requested in writing pursuant to section 11-116 of this article and that such request must be received by the County within fifteen (15) calendar days following service of the decision of denial on the applicant.
3. A request for hearing on a denial of a waiver shall be made by the applicant in writing to the Kane County Department of Environmental Management, and must be received by said department within fifteen (15) calendar days following the service of the decision of denial on the applicant. Upon receipt of a request for hearing, the County shall set a time and place for the hearing. The hearing shall be conducted pursuant to the procedures of section 11-116 of this article. (Ord. 18-224, 7-10-2018)