(A) No person, firm, or corporation required to obtain a private sewage disposal pumping contractor license under applicable Illinois statutes and regulations may dispose of any waste into a sewer line connected to the city sewer collection and treatment system unless they maintain a current city private sewage disposal pumping contractor license. A city private sewage disposal pumping contractor license shall be non-transferable and have duration of only one year. An applicant for a city private sewage disposal pumping contractor license shall satisfy the following requirements:
(1) Pay an annual application fee of $100;
(2) Provide a current copy of their State of Illinois private sewage disposal pumping contractor license;
(3) Acknowledges receipt of a copy of Chapter 51, Sewer Use, of the Code of Marseilles and agrees to comply with such;
(4) Agrees to comply with the following dumping procedures, unless one or more of the following are waived in writing by the city’s Sewer Superintendent:
(a) All waste must be deposited at the North Waste Water Treatment Plant, 880 Commercial Street in Marseilles under the personal supervision of a city treatment plant employee;
(b) Licensee will provide a written statement identifying the nature of the waste, the location where the waste was picked up, the person(s) who were in possession of the waste, and the identifying name or names of the person(s) retaining the licensee to haul the waste;
(c) Licensee will produce a sample of the waste for testing as deemed appropriate by the city’s Sewer Superintendent. Dumping of the waste may be delayed pending final test results. Dumping may also be refused at the discretion of the city’s Sewer Superintendent, should the city’s Sewer Superintendent believe that the dumping of waste will be detrimental to the current operation of the treatment plant; and
(d) Licensee shall pay the standard dumping charge of $200 plus $1 per 100 gallons and pay for all testing charges. Should test results indicate that the waste fails to comply with wastes permitted for disposal under Chapter 51 or will otherwise require special treatment, the licensee shall pay the costs of additional treatment charges or procedures recommended by the city’s Sewer Superintendent;
(5) Defend, save and hold the city free, harmless and indemnified against any and all claims, suits, causes of any kind or nature whatsoever, fines, penalties and all costs including attorney’s fees or damage to person or property arising from dumping of waste not approved under city ordinance;
(6) Produce a certificate of insurance including:
(a) Commercial vehicle coverage in an amount no less than $1,000,000 per person and $2,000,000 in aggregate;
(b) General liability insurance in an amount no less than $1,000,000 per person and $2,000,000 in aggregate; and
(c) Workers’ compensation insurance for no less than statutory amounts. The above required insurance must include a notice of cancellation clause stating that the policy(s) may not be cancelled or amended before the 30th day after written notice of the cancellation or amendment is provided the city;
(7) Provide a bond or certificate of insurance, in an amount no less than $100,000, covering damage to the city sewers and/or treatment plant resulting from dumping of waste not approved under city ordinance;
(8) The City Council may deny, suspend or revoke a license should a licensee fail to perform or comply with license provisions or should further operation of the license be a detriment to the health, safety and welfare of the residents of the city. The city shall provide a private sewage hauler written notice of a hearing on denial, suspension or revocation of such license on or before the 10th day before the hearing. A notice under this section shall include the basis of the proposed action. Following a hearing, the city shall provide the private sewage hauler with the city’s decision in writing stating the reasons for any denial, suspension or revocation. A private sewage hauler whose permit has been revoked may not reapply for a permit for one year after the date of the revocation.
(9) In the event that the licensee fails to perform any of its obligations or conditions of its license and as a result thereof the city incurs any liability, the licensee in addition to being liable for such damages as may be awarded in a court of law or equity shall also be liable for the city’s court costs and litigation expenses including reasonable attorney fees.
(Ord. 1387, passed 9-2-09; Am. Ord. 1571, passed 4-15-15) Penalty, see § 51.999