(A) The village, to more effectively promote and protect the public health and public welfare, hereby reserves unto itself the exclusive right to provide or contract for the collection and disposal of nonhazardous solid waste from residential premises within its solid waste jurisdiction area.
(B) The village may contract with independent contractors to provide for the collection and disposal of nonhazardous solid waste. Any contractor shall enter into a written agreement with the village, which agreement shall provide for the rates to be charged and other terms and conditions as may be required by the Board of Trustees. All franchises issued pursuant to this section shall be exclusive to residential premises and be for a period up to five years.
(C) It shall by unlawful for any person to haul for hire, other than a person granted a contract pursuant to this section, any solid waste, garbage, refuse, or rubbish within the village or away from the village. This section shall not apply to any person who elects to haul, transport, and dispose of his or her own solid waste, garbage, refuse, or rubbish, who may do so in accordance with the rules and regulations established by the Board of Trustees and only at a licensed landfill facility approved by the Board of Trustees. This section shall not be construed to prevent any person from collecting and hauling material from the village to be recycled.
(D) Any franchise granted pursuant to this section shall not be deemed a property right and may not be transferred to any person. Any sale of a solid waste collection and disposal business may not transfer any franchise issued pursuant to this section. Any person desiring to obtain a franchise must make application to the Board of Trustees.
(E) The Board of Trustees may, for cause, revoke a franchise after providing the franchisee with notice of the charges therefore and after a public hearing thereon by the Board of Trustees.
(F) The wastes shall be collected on a regularly scheduled basis and shall be disposed of only in a licensed landfill facility approved by the Board of Trustees which meets all state and federal criteria. The Board of Trustees shall approve and authorize any contract with any licensed landfill facility for these purposes.
(G) The Board of Trustees may, from time to time, make and adopt by ordinance additional rules and regulations governing the use, operation, and control of the solid waste collection and disposal system as it may deem necessary to promote the efficient operation and management of the system and to protect the environment and the health, safety, and welfare of all persons within the village's solid waste jurisdiction area.
(Ord. 2019-02, passed 6-12-2019; Am. Ord. 2022-07, passed 6-14-2022)