(A) No garbage, refuse, waste or recycling hauling contractor shall pickup garbage, refuse, waste or recyclable waste products in the city unless:
(1) Licensed by the city pursuant to this subchapter, and
(2) Unless, the hauler provides separate collection service for Economically Recyclable Waste Products, and other garbage and waste, or
(3) Such garbage and waste hauler subcontracts with a licensed garbage and waste hauler to provide the recycling service to its customers pursuant to this subchapter.
(4) Nothing in this subchapter shall be construed to limit curbside recycling collection service to single-family residential units.
(5) Eighteen-gallon recycling containers shall be the required receptacle for the separate collection of ERWP in the city. The containers shall be provided by contractor to all residential customers at contractor's expense.
(6) A recycling hauling contractor may obtain a license for just pickup of large recyclable items.
(B) The license shall:
(1)
Be available from the city at an annual charge of $50 per vehicle used in the City of Marseilles; the license fee shall be paid upon the submittal of application to the city. The Mayor and City Council may issue, deny, suspend or revoke a license upon the determination that the issuance, denial, suspension or revocation of such license would tend to further the health, safety and welfare of the residents of the city.
(2) Require each licensee to provide weekly curbside recycling collection service for all of its curbside garbage and rubbish collection customers.
(3) Require each licensee to provide the city with a surety bond conditioned upon the observance of the requirements of this subchapter and all other valid regulations and laws pertaining to recycling and waste disposal. The bond shall be in the sum of $10,000 and be filed in the Office of the City Clerk. In the alternative, contractor may furnish a cashier's check in the amount of $10,000 made payable to the city as security for the performance of the requirements of this subchapter. The city will deposit the $10,000 security check in an interest bearing account and upon the complete compliance of the terms of this subchapter and the conditions of the license issued pursuant to this subchapter, the city will return the $10,000, plus accumulated interest, to the licensee. Upon the renewal of a license, the city shall pay all accumulated interest to the licensee.
(4) Require each licensee to provide evidence of workman's compensation as required by law, and public liability and property damage insurance with the following coverages:
(a) Five million dollars each person;
(b) Five million dollars each accident;
(c) Five million dollars each property damage;
(5) Prohibit each licensee from disposing of ERWP in any sanitary landfill, and to provide to the city such evidence of the disposal of ERWP as the city may require from time to time.
(6) Provide each customer at least one 18-gallon recycling bin at no additional charge to the customer.
(7) Require each licensee to submit to the city a list of the names and addresses of each customer residing within the city.
(8) Be for a term of one year from the date of its issuance and not be transferable; providing, however, the license may be revoked for the violation of any provision of this subchapter. Renewal licenses may be issued for a term not to exceed one year.
(9) (a)
Require each licensee to provide to its customers garbage collection stickers at a cost not to exceed $1.25 per sticker; the garbage collection stickers shall be placed upon all containers of garbage in excess of two 30-gallon cans or bags or the equivalent thereof, or one 30-gallon container or bag and one large item which may include furniture, box springs, mattresses, bathtubs, cartons, boxes, barrels, but shall not include items as: broken concrete, building materials, rocks, fallen trees, dirt, or any household item to large to be placed in a compactor-type truck.
(b) All such cans, containers or bags, except large items, shall not exceed 30-gallon capacity with a maximum weight for any one container and its contents not to exceed 50 pounds.
(10) All licensees shall provide to the city not less than six commercial refuse containers (dumpsters) which shall be conveniently placed at the following locations: one at the sewage treatment plant; one at the city garage; one at the swimming pool; two at the little league baseball diamonds; and one across from City Hall. All of the commercial refuse containers to be provided to the city by licensee shall be collected and disposed of once per week without charge to the city, and each licensee receiving a license under the provisions of this subchapter shall provide such number of dumpsters which is equal to the percentage of the licensee's customers compared to the total residential customers residing within the city. For example, if the total number of customers of an individual licensee equals 50% of the total residential customers located within the city, then the licensee shall provide 50% or one-half of the six commercial refuse containers as required by this division (B)(10).
(11) Indemnify and protect the city from all suits, claims, and/or actions brought against the city, and any/or all costs or damage which the city may be put to by reason of injury, to any person or property of another which results from performance by the licensee under the terms and provisions of this subchapter; and to this end the licensee agrees to cause the city to be named as an additional insured on all policies of the insurance required by this subchapter.
(12) Defend, save and hold the city free, harmless and indemnified against any and all claims, suits, causes of any kind or nature whatsoever, hereafter, which occur or arise out of the ownership, maintenance, use, operation, and/or control of any vehicle owned maintained, or utilized by the licensee and/or arising out of licensee's pick-up and/or disposal of garbage and refuse under the terms of this subchapter.
(13) The city shall have the right, without notice to apply all or part of the licensees security deposit towards any cost to the city incurred as a result of the licensee's failure to comply with the terms and obligations of its license or the terms of this subchapter.
(14) In the event the licensee becomes insolvent, or at any time fails to perform or comply with its obligations hereunder, or fails in any way to perform its obligations with promptness, diligence and/or in a workmanlike manner; and the city delivers or sends by certified mail a notice to the licensee specifying the manner in which the licensee has failed to perform or to comply with its obligation, and the licensee fails to perform and comply with the obligations within 14 days after receipt of notice, the city shall have the right to provide any such labor, equipment, and/or materials; and/or the right to terminate the license issued hereunder and to cause any other person or persons to perform licensee's work hereunder. In case of such discontinuance of the license issued hereunder, the licensee shall not be entitled to charge any person or firm any fees whatsoever.
(15) In the event that the licensee fails to perform any of its obligations or conditions of its license at the time required and as a result thereof the city incurs attorneys fees and/or court costs; then the licensee shall pay the city's attorneys fees and or court costs.
(16) Require each licensee to provide once-a-week service at such times and upon such days of the week as mutually agreed upon by the city and the licensee, and in the absence of such agreement, as designated by the city.
(17) The application for, receipt, and acceptance of a license issued pursuant to this subchapter shall constitute an acknowledgement of a contractual relationship between each licensee and the city, incorporating each and every provision of this subchapter.
(18) A license for recycling hauling contractor seeking just pickup of large recyclable items shall comply with divisions (B)(1), (3), (4), (8), (11), (12), (13), (14), (15), (16), and (17) and further shall weekly on a designated day of the week pick up from the curb, free of costs, large recyclable items which have been placed on the curb by a city resident who has filed with the City Clerk a completed pick up request form.
(Ord. 787, passed 11-18-92; Am. Ord. 1370, passed 3-4-09; Am. Ord. 1723, passed 10-16-19)