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No licensed solid waste hauler shall collect solid waste within the corporate limits of the village at any time other than between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday.
(Prior Code, § 112.012) (Ord. 169, passed - -; Ord. 89-004, passed - -; Ord. 94-005, passed 3-16-1994)
LICENSES
After the effective date of the ordinance codified in this chapter and subject to § 113.03 of this chapter, no person, firm or corporation shall engage in the business of solid waste hauling or disposal within the corporate limits of the village unless licensed in accordance with the provisions of this chapter.
(Prior Code, § 112.001) (Ord. 169, passed - -; Ord. 89-004, passed - -; Ord. 94-005, passed 3-16-1994) Penalty, see § 113.99
(A) Any person, firm or corporation may obtain a license to collect solid waste within the village by submitting an application for license to the Village Clerk and paying an annual license fee as set forth in § 113.25 of this chapter.
(B) The applications shall be on forms prescribed by the village and shall contain the following information about and agreements of the waste hauler:
(1) The name, business address and telephone number of the person, firm or corporation;
(2) If the waste hauler is a corporation, the corporation shall provide a certificate of good standing and the name, address and telephone number of the corporation’s president and of its registered agent;
(3) If the applicant is a partnership, the applicant shall provide the names, addresses and telephone numbers of all partners holding greater than a 5% interest;
(4) If the applicant is doing business under an assumed name, the applicant shall provide a copy of the assumed name certificate filed with the County Clerk, if a natural person, and of the assumed name certificate filed with the Secretary of State, if a corporation;
(5) The applicant shall provide proof of liability insurance in the amount of $1,000,000 per occurrence, including insurance for each vehicle, and shall agree to keep such insurance in force during the term of the license;
(6) The applicant shall provide proof of workers’ compensation insurance covering its employees in the statutory amount and shall agree to keep such insurance in force during the term of its license;
(7) The applicant shall attach a schedule of rates which it will charge upon the license being granted, and shall agree to provide the village with written notice of any rate changes at least 60 days in advance of rate changes. However, the first notification after passage of the ordinance codified in this chapter shall require only a 30-day notification;
(8) The applicant shall agree to observe all provisions and conditions of this chapter during the term of its license;
(9) If, in accordance with § 113.01 of this chapter, the applicant proposes not to recycle a class of recyclable materials due to the unavailability of markets, the applicant shall include with the application, or may submit under separate cover, proof of the unavailability of the market;
(10) The application shall be signed by the applicant or a responsible officer of the applicant; and
(11) The applicant shall agree to clearly mark each vehicle used for solid waste collection with the applicant’s name.
(Prior Code, § 112.002) (Ord. 169, passed - -; Ord. 89-004, passed - -; Ord. 94-005, passed 3-16-1994)
(A) Applications for solid waste hauling licenses shall be submitted to the Village Clerk, who shall process the applications within seven working days and either grant or deny the license. If the license is denied, the village shall state the reason for the denial in writing. Thereupon, the applicant may appeal in accordance with division (B) below; or may, within ten days, resubmit a license application curing any deficiencies, without having to pay an additional license fee. The village shall grant the license or render a final decision denying the license, within seven working days of resubmission.
(B) In the event a license is denied, the applicant may appeal the denial of the application to the Village Board within seven working days of the final denial, and may request a hearing. The Village Board’s determination shall be reviewable in accordance with state statutes pertaining to administrative review.
(Prior Code, § 112.003) (Ord. 169, passed - -; Ord. 89-004, passed - -; Ord. 94-005, passed 3-16-1994)
A licensee under this chapter shall, as a condition of licensure, do the following things.
(A) The licensee shall pick up and segregate by class the following classes of solid waste:
(1) Unseparated solid waste, which shall consist of solid waste of all descriptions other than yard waste, including recyclable materials that have not been segregated by the customer;
(2) Recyclable materials, which shall include aluminum cans; steel cans; tin-coated cans; bimetal cans; glass bottles and jars of all colors; No. 1 plastic; No. 2 plastic; and newspapers. Recyclable materials shall be separated by the customer from other classes of solid waste and placed in separate marked bins. Newspapers shall be placed in paper bags or baled with twine. Plastic bottles may be tied together with twine. The village reserves the right to expand the definition of recyclable materials due to changing market conditions, without affecting the validity of the license; and
(3) Yard waste, which shall include leaves, grass clippings, wood chips, twigs and garden waste such as weeds and stalks, when segregated and bagged in accordance with the regulations of the facility which accepts such yard waste from the solid waste hauler.
(B) The licensee shall transport and dispose of unseparated solid waste in the Sangamon Valley landfill, when accessible or by any other method permitted by state and federal law.
(C) The licensee shall transport and dispose of recyclable materials by selling or giving such materials to dealers in recyclable materials. Recyclable materials shall be recycled and shall not be disposed of in a solid waste landfill or other methods without the express approval of the Village Board. Unauthorized disposal of recyclable material may result in the cancellation of the waste haulers license and subject to fines as provided for in § 113.99(B) of this chapter.
(D) The licensee shall transport yard waste to composting centers or other facilities which accept yard waste only.
(E) Each licensee shall be responsible for handling the recyclable materials and yard waste of its own customers; however, licensees may agree among themselves to handle the recyclable materials and yard waste of another licensee.
(F) The licensee shall comply with this chapter and all other ordinances of the village and with state, county and federal laws and regulations pertaining to solid waste management.
(G) On or before the fifteenth day of each month, the licensee shall provide the village with data regarding the number of customers, volume, by category, of solid waste collected, where each type of material was disposed of or sold in the previous month and shall provide any other data the village may reasonably require.
(Prior Code, § 112.004) (Ord. 169, passed - -; Ord. 89-004, passed - -; Ord. 94-005, passed 3-16-1994)
A licensee may set its own rates, subject only to the following restrictions.
(A) The licensee shall set volume-based rates for commercial and industrial customers for collection of unseparated solid waste and shall dispose of recyclable materials from such customers free of charge. The licensee may agree with such customers on any frequency of pickup of solid waste; provided that, all waste is picked up at least once per week. Because the needs of commercial and industrial customers vary from customer to customer, the licensee need not announce a rate of general applicability, and is free, subject to state and federal law, to discriminate among commercial and industrial customers in the matter of rates.
(B) For residential customers, each licensee shall charge a basic fee, which will entitle each customer to a once weekly pickup and disposal of two 32-gallon garbage cans or two 33-gallon bags of unseparated solid waste, not to exceed 60 pounds each, from 3-15-1994 until 10-4-1994. Thereafter, each residential customer will be entitled to a once weekly pickup and disposal of one 32-gallon garbage can, not to exceed 60 pounds. For unseparated solid waste in excess of the basic service, the licensee shall charge a per 32-gallon can or 33-gallon bag fee. The customer shall purchase stickers for such additional cans and bags from the licensee or village office, and shall affix a sticker to each additional can or bag to be picked up in addition to the basic service. The rates for residential customers shall be of general applicability, and there shall be no discrimination among residential customers as to rates; however, senior citizen discounts are permissible.
(C) Recyclable materials shall be picked up from residential customers free of charge.
(D) Rates for disposal of yard waste shall be volume-based. The licensee shall charge separately for each 32-gallon can or 33-gallon bag of yard waste. The customer shall purchase stickers from the licensee or village office and shall affix a sticker to each can or bag of yard waste. A yard waste sticker shall cost no less than a sticker for unseparated solid waste.
(E) A licensee may change its rates from time to time in its discretion. The licensee shall provide the village with a copy of any rate change for residential customers at least 60 days in advance of the rate change and shall inform each residential customer of the rate change in writing at least 30 days in advance of its effective date. However, the first notification after passage of the ordinance codified in this chapter shall require only a 30-day notification. Notice to customers may, in the discretion of the licensee, be made by an insert in the monthly bill. No rate change shall be effective unless these notice provisions are complied with.
(Prior Code, § 112.005) (Ord. 169, passed - -; Ord. 89-004, passed - -; Ord. 94-005, passed 3-16-1994)
(A) The annual license fee shall be $250. A license shall be effective from May 1 of any year through and including April 30 of the following year. The license fee for applications received after May 1 of any year or before April 30 of any year will not be prorated. Initial licenses issued before 4-30-1994 shall be valid until 5-1-1995.
(B) A license granted hereunder shall constitute a contract pursuant to § 11-19-1 of the Illinois Municipal Code for the duration of the license.
(Prior Code, § 112.009) (Ord. 169, passed - -; Ord. 89-004, passed - -; Ord. 94-005, passed 3-16-1994)
The village shall design and obtain license and data collection forms for issuance to each licensee hereunder and shall maintain records of all licenses granted and denied hereunder. The licenses granted hereunder shall be serial numbered. All license applications and records pertaining to grants and denials of licenses shall be subject to disclosure to the public under the Freedom of Information Act and village policies implementing the act.
(Prior Code, § 112.010) (Ord. 169, passed - -; Ord. 89-004, passed - -; Ord. 94-005, passed 3-16-1994)
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