A. RESPONSIBILITIES.
1. A multi-family dwelling owner or the owner’s representative is responsible for notifying and continually educating its occupants on recycling issues and practices through a formal and ongoing education campaign. Every owner or their representative shall distribute to every new occupant, within thirty (30) calendar days of occupancy, (and to all existing occupants at least annually), general recycling information and current program recycling guidelines.
2. It shall be the duty of every owner or the owner’s representative of a multi-family dwelling to arrange for the collection of mandated recyclable materials from such dwelling units by a licensed hauler.
3. The multi-family dwelling owner or the owner’s representative shall provide recycling service options which enhance convenience for occupants in order to gain and maintain maximum participation in the program, thus reducing the volume of municipal waste being sent to area landfills.
4. It shall be the responsibility of the multi-family dwelling owner or owner’s representative whose discarded material was not removed because it contained mandated recyclable materials, to properly segregate the uncollected discarded materials for proper recycling. Allowing such unseparated municipal waste to accumulate may be considered a violation of other McHenry County ordinances as well as local sanitary code(s), where applicable.
5. Every multi-family dwelling owner or the owner’s representative must provide a Recycling Plan on the form provided by the Department within six (6) months of adoption of this Ordinance by the McHenry County Board.
6. The Recycling Plan shall include, but not be limited to, the following information:
a. Name of the property;
b. Number of units;
c. Number of tenants;
d. Name of owner/managing company;
e. Contact person’s name and telephone number; and
f. Materials to be recycled.
7. The Recycling Plan shall be maintained in effect regardless of any change of ownership or licensed hauler.
a. Any modifications made to the Recycling Plan must be submitted, in writing, to the Department within fifteen (15) calendar days of implementing the modifications.
8. Where a multi-family dwelling company manages multiple properties, the multi-family dwelling company shall provide the Department with one (1) Recycling Plan for each separate property.
9. The multi-family dwelling owner will not be held responsible for occupants’ actual use of the recycling program, so long as the program itself has been properly set up and maintained. At a minimum, in order for a multi-family dwelling recycling program to be considered properly set up and maintained the following shall occur:
a. A copy of the recycling plan as submitted to the County, per § 8.44.050A.5. of this Ordinance, shall be maintained on file, on premises, and available for inspection;
b. Proof that notification and continuing education are occurring, per § 8.44.050A.1. of this Ordinance shall be required;
c. Proof that outdoor recycling containers have been provided and maintained in all communal outdoor receptacle areas shall be required; and
d. Proof of a valid contract with a licensed hauler within the County of McHenry with provisions for the collection of recyclable materials shall be required.
10. The licensed hauler providing the on-going recycling collection service shall furnish, maintain, and replace, when necessary, all common area recycling containers.
11. The licensed hauler shall be authorized and responsible for the collection, intermediate storage or transfer, transportation, and sale of recyclable materials to a processor, broker, or market desired for the reuse of the recyclable materials.
B. OWNERSHIP OF DISCARDED MATERIALS (MULTI-FAMILY DWELLINGS). Ownership of mandated recyclable materials set out for collection shall remain with the multi-family dwelling owner until removal by the licensed hauler. However, until the mandated recyclable materials are placed in the communal municipal waste or recycling containers, the occupant who generated the material is totally responsible for their proper preparation, handling and storage. Ownership and responsibility for the proper handling of the discarded materials shall be vested in the licensed hauler upon removal thereof.
C. COLLECTION CONTAINERS.
1. Communal outdoor recycling container(s) shall have adequate capacity and durability to function efficiently and meet the spatial constraints of the multi-family dwelling.
2. The communal outdoor recycling container(s) at a multi-family dwelling shall be placed in a location or locations at least as convenient to occupants as the communal outdoor municipal waste receptacles, insofar as is practical given space limitations. The multi-family dwelling owner shall maintain all communal recyclable material collection areas, including recycling containers, in a clean, sanitary and litter-free manner.
D. COLLECTION OF MANDATED RECYCLABLE MATERIALS.
1. Collection of mandated recyclable materials from a multi-family dwelling shall be by a licensed hauler selected by the owner or their representative, or by the manager of such multi-family dwelling, or by an association governing the multi-family dwelling, or by franchise awarded by a municipality, village, or township.
2. Recycling collection schedules and pickup locations should be mutually agreed upon by the owner or their representative, or by the manager of the multi-family dwellings, or by an association governing said multi-family dwellings and the licensed hauler. The County shall not be responsible for any conflicts, unauthorized collections, liabilities, or any other difficulties that arise between the parties.
(Ord. O-200106-10-29, passed 6-5-2001)