TITLE 4
PUBLIC HEALTH AND SAFETY
CHAPTER 1
GARBAGE AND REFUSE
SECTION:
4-1-1: Purpose
4-1-2: Definitions
4-1-3: Prohibited Accumulation
4-1-4: Garbage, Refuse And Yard Waste Collection
4-1-5: Collection Schedule And Standards
4-1-6: Removal Of Accumulated Garbage And Refuse
4-1-7: Payments
4-1-8: Recycling Collection
4-1-9: Penalty
4-1-1: PURPOSE:
The purpose of this chapter shall be to regulate and control the accumulation, removal and disposal of refuse and to eliminate unhealthy, unsanitary and unsightly conditions in the village. (Ord. 0-53, 8-24-1965)
4-1-2: DEFINITIONS:
   BULK ITEMS: Large furniture type items such as couches, chairs, mattresses, tables and other furniture pieces including carpeting that has been cut, tied and bundled into rolls no larger than four feet (4') long and each bundle weighing no more than fifty (50) pounds.
   CONTRACTOR: The company with which the village contracts for waste management services.
   GARBAGE: The general accumulations of nonhazardous waste materials as may be accumulated day to day in an average household unit including, but not limited to, rubbish, garbage and kitchen waste.
   REFUSE: The day to day accumulations of discarded and unwanted putrescible and nonputrescible household and kitchen wastes, including, but not limited to, food, food residues and materials necessarily used for packaging, storing, preparing, and consuming same, usually defined as "garbage", and all combustible and noncombustible waste materials resulting from the usual routine of domestic housekeeping including, but not limited to, boxes, cartons, wrapping, crockery, plastic containers, fixtures, and papers and small electronic appliances such as toasters, and vacuum cleaners. Christmas trees, wreaths, and other ornamental indoor plants are included in this definition. For the purposes of this agreement, the terms refuse, rubbish, solid waste, trash, and waste shall be synonymous unless otherwise more specifically defined (i.e., yard waste).
   RESTRICTED ITEMS: The following items are not included in the weekly collection service. Those items are automotive tires, broken concrete, building materials, rocks, soil, household hazardous waste (paints, oil, solvents, flammable liquids), medical wastes, any household item too large to be placed in a compactor type truck or for one person to reasonably handle, white goods (refrigerators, washers, dryers, water heaters), construction and/or demolition materials including drywall, lumber, roofing materials, etc., permanent swimming pools, fencing and posts, any rigid material longer than four feet (4'), and materials resulting from floods (including flooded basements), fires, or evictions. This definition shall also include electronic wastes that are banned from deposit in landfills as a result of public act 95-0959 - electronic products recycling and refuse act, and any amendments, beginning January 1, 2012.
   UNIT: Limited to individual single-family residences, townhouses, duplexes, and all village owned properties within the village limits of Shorewood. Multi-family units such as condominiums and apartment buildings may be included as if agreed to by the parties on a case by case basis.
   WHITE GOODS: Those items defined by IAC title 35 section 875.101 and shall mean all discarded refrigerators, ranges, water heaters, freezers, air conditioners, and other similar domestic large appliances.
   YARD WASTE: Any waste materials typically derived from landscaping; including, but not limited to: grass clippings, leaves, trimmed branches and shrubbery. (Ord. 03-1150, 2-11-2003; amd. Ord. 14-1719, 1-28-2014)
4-1-3: PROHIBITED ACCUMULATION:
No occupant, person, owner, owner's agent or tenant of any private or public premises shall permit refuse to accumulate on such premises except in covered containers or as provided hereinafter, and all such refuse should be removed once every seven (7) days or more often, if necessary, to protect the health of the inhabitants of the village. (Ord. 0-53, 8-24-1965)
4-1-4: GARBAGE, REFUSE AND YARD WASTE COLLECTION:
   A.   Garbage And Refuse Collection:
      1.   Carts Provided: The contractor agrees to provide, at its own expense, one 96-gallon wheeled cart to each single-family residence in the village of Shorewood for the purposes of garbage collection. In lieu of the ninety six (96) gallon wheeled cart, the contractor shall upon request, provide senior citizen residents of the village with a sixty four (64) gallon wheeled cart. The carts will remain the property of the contractor and the contractor will be responsible for replacement of carts that become worn or damaged through normal usage. The contractor will not be responsible for cart replacement resulting from negligence, abuse, and/or odors. The contractor will make available for rent or purchase additional ninety six (96) gallon carts to homeowners for the purposes of disposing of refuse. The rental fee will be four dollars ($4.00) per month with a one year minimum rental agreement. The contractor shall be solely responsible for the billing and collection of fees from the homeowners that agree to rent the carts.
      2.   Weekly Collection Of Garbage And Refuse: The contractor shall provide weekly collection of garbage and refuse for all occupied units within the village. All "garbage" and "refuse" as herein defined that is designated for collection and disposal hereunder must be placed in the provided carts. Additional refuse material must be contained and may be placed in covered cans or containers not to exceed thirty (30) gallons in capacity with a maximum weight for any one container and its contents not to exceed fifty (50) pounds. The minimum can or container shall not be less than fifteen (15) gallons. Heavy duty bags which are securely fastened shall be considered proper containers so long as they do not exceed thirty (30) gallons' capacity and are fifty (50) pounds or less in weight. Cans, containers and/or heavy duty bags must be placed at the curb or roadway or in the alley (if designed by the contractor).
      3.   Bulk Items Collected By Arrangements: "Bulk items", as herein defined, are considered subject to collection by the contractor according to the terms and definitions of this chapter. The contractor will make available the collection of one bulk item per week from residential units at no additional cost to the resident. Carpeting will be accepted as a bulk item provided that it is cut and rolled into four foot (4') lengths and properly secured. Each roll should not weigh more than fifty (50) pounds. Up to eight (8) rolls of carpeting and padding will be accepted for collection as a bulk item. Residents will be responsible to contact the contractor and make arrangements for collection of additional bulk items on an individual basis. Residents with additional material or home improvement projects may contract separately with the contractor. The contractor will make available ten (10), fifteen (15), twenty (20) and thirty (30) cubic yard containers for this purpose.
      4.   Items Placed Out For Collection: All items placed out for collection by residents must be at the curb or alley by six o'clock (6:00) A.M. on the designated collection day. All materials placed out for collection must be at least three feet (3') from the curb or public right of way and the materials must be readily accessible to the contractor. The contractor shall handle all carts, cans, and containers with reasonable care to avoid damage and attempt to replace them in the same upright position on the parkway or by the alley side where the containers were initially placed. In the event the contractor cannot accept certain items, the contractor will utilize a dedicated communication mechanism to inform the residents as to the reason why the material was not accepted. The contractor shall be provided unobstructed access to the containers on the scheduled collection day.
      5.   Clean Up Spills: The contractor shall clean up and dispose of any contents that spill on the parkway, street, or alley during the course of his work in a responsible manner for the general health and safety of the public. The contractor shall be provided unobstructed access to the containers on the scheduled collection day.
      6.   Access To Roads And Streets: The village agrees that the contractor will have access to the roads and streets. In the event of street repairs or in cases where the contractor will not have access due to planned repairs, the village will notify residents impacted by any roadwork of any changes to the collection schedule. The village and the contractor will mutually agree and determine where the placement of refuse and recyclables (including yard waste) will occur during the roadwork periods.
      7.   Villagewide Cleanup: The contractor will provide a villagewide cleanup where large bulk and an unlimited amount of refuse, excluding restricted items, will be collected. The contractor and the village shall mutually agree upon the dates and times of the cleanup.
   B.   Yard Waste Collection:
      1.   "Yard waste", as herein defined, will be collected once per week on the same day as the garbage from April 1 through November 30 each calendar year. The village may request that the contractor collect yard waste for up to ten (10) days beyond the November 30 date in the event that leaf collection efforts by the village have not been completed. All yard waste materials must be placed in "kraft" paper bags designed and sold specifically for the collection and disposal of yard waste. Yard waste placed in plastic bags or ridged containers will not be accepted. The contractor will make available for rent or purchase ninety six (96) gallon carts to homeowners for the purposes of disposing of yard waste. The rental fee will be four dollars ($4.00) per month with a one year minimum rental agreement. The contractor shall be solely responsible for the billing and collection of fees from the homeowners that agree to rent the carts.
      2.   Branches and brush will also be collected and the material must be bundled and tied with string or twine (not wire). Branches must be cut into lengths of four feet (4') or less, and each branch should be no larger than four inches (4") in diameter. Each bundle must not weigh more than fifty (50) pounds. Unbundled brush will not be collected.
      3.   All yard waste items placed out for collection by residents must be at the curb or alley by six o'clock (6:00) A.M. on the designated collection day.
      4.   In all cases, the contractor will comply with the state of Illinois statutes regarding the collection and disposal of yard waste. (Ord. 14-1719, 1-28-2014)
4-1-5: COLLECTION SCHEDULE AND STANDARDS:
   A.   The village of Shorewood hereby covenants and agrees with the contractor that during the lifetime of the contract the village of Shorewood will not require by ordinance or otherwise that the contractor use any equipment not comparable with present equipment in the performance of the contract.
   B.   The contractor covenants and agrees that its interest in the contract may not be assigned or transferred in any manner without the written approval of the village board of the village of Shorewood.
   C.   The village and the contractor shall mutually agree upon the times, days, and routes for the once a week pick up and the once a week recycling schedule by the contractor. When a legal holiday falls on a weekday, then the contractor shall collect the refuse on the following day. Those holidays are New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
   D.   The contractor shall maintain a telephone with a toll free number for the receiving of service calls or complaints and shall be available for such calls on Monday through Friday of each week (except for legal holidays) from eight thirty o'clock (8:30) A.M. to five o'clock (5:00) P.M.
   E.   The telephone number of the contractor and a vehicle identification number shall appear on both sides of all trucks used for pick up. These numbers shall not be less than three inches (3") in height and must be clearly visible at all times.
   F.   It is understood and agreed upon that the work performed hereunder shall be done in a thorough and workmanlike manner and that any questions or disputes relating to this work be handled by the contractor. Any and all complaints must be given prompt and courteous attention by the contractor and in the case of any missed scheduled collections, the contractor shall arrange for pick up within twenty four (24) hours after the complaint has been received.
   G.   The contractor will indemnify, defend, save, and hold the village of Shorewood together with its officers, officials, employees and agents, free, harmless, and indemnified against any and all claims, suits, damages, costs (including, but not limited to, reasonable attorney fees) or causes of any kind or nature whatsoever, hereafter which occur or arise out of the ownership, maintenance, use, operation, or control of any vehicle owned, maintained, controlled, or used by the contractor and/or arising out of contractor's pick up and/or disposal of garbage and refuse.
   H.   The contractor agrees that at its own cost and expense it shall do all work, furnish all materials and equipment and all labor necessary to complete the work required of it in accordance with the terms of these specifications. The contractor hereby acknowledges that it is familiar with the village of Shorewood and its roads, alleys, and dwellings. The contractor shall not be responsible for any damage to pavement, subsurface or curbing, resulting from the contractor's provision of services hereunder unless such damage is the result of the contractor's or its employee's or agent's negligence, reckless or intentional acts.
   I.   If the contractor becomes insolvent, or at any time fails to perform and comply with his obligations hereunder, or fails in any way to perform his obligations with the promptness, diligence, and in a workmanlike manner, and the village delivers or sends by certified mail a notice to the contractor specifying the manner in which the contractor has failed to perform or comply with his obligation and the contractor fails to perform and comply with said obligations within thirty (30) days after receipt of the notice, the village shall have right to provide any such labor, equipment, and materials and/or terminate the employment of the contractor and to employ any other person or persons to perform contractor's work hereunder. In case of such discontinuance of the employment of the contractor, the contractor shall not be entitled to receive any further payment under the contract and the contractor shall pay to the village of Shorewood the amount by which the cost to complete and finish the contractor's obligations exceeds the unpaid balance of the contract. The termination of the contractor's employment as provided above shall not be deemed a release of contractor's obligations hereunder.
   J.   In the event that the contractor fails to perform any of his obligations at the time required and as a result thereof the village incurs attorney fees and court costs, then the contractor shall pay the village's attorney fees and court costs.
   K.   The contractor shall have available for use throughout the term, a sanitary landfill site or incinerator, a recycling facility, and compost facility and all other required facilities fully permitted by all applicable governmental entities including the IEPA, suitable for the disposal of all refuse, yard waste and leaves collected under the terms of the contract.
   L.   The contractor certifies and acknowledges that it is an independent contractor and not an agent or employee of the village.
   M.   Any and all prior agreements, documents and discussions are superseded by the contract and shall be considered nonbinding upon the parties. (Ord. 14-1719, 1-28-2014)
   N.   Residential refuse, recycling and yard waste containers or bags shall not be stored or kept in the area bounded by the street, side lot lines and the principal structure for a period of time longer than twenty four (24) hours before and/or after the weekly scheduled pick up. (Ord. 16-1817, 8-9-2016)
4-1-6: REMOVAL OF ACCUMULATED GARBAGE AND REFUSE:
   A.   Authority: From time to time, as deemed necessary, the board of trustees may direct that garbage and debris be removed from private property within the corporate limits of the village.
   B.   Notice To Remove:
      1.   Upon such direction, the village clerk shall give written notice by United States mail to the owner of the property upon which garbage or debris exists, and in the event that the name of the owner of said property is unable to be determined, the village clerk shall give such notice to the last assessee of the general real estate taxes on said real estate.
      2.   The aforesaid notice to be given by the village clerk shall designate the real estate, the garbage or debris thereon to be removed and shall provide that if the same is not removed from the said real estate within ten (10) days after the posting of such notice, the village will cause the same to be removed and collect the reasonable cost thereof from the owner of said real estate.
   C.   Removal By Village: Upon the failure, refusal or neglect of the owner of any real estate upon which garbage or debris exists to remove the same within ten (10) days after the posting of notice as above provided, the village clerk shall notify the appropriate village employees to remove garbage or debris from said property, and such employees shall forthwith cause said garbage and debris to be removed.
   D.   Billing For Removal Costs: The village employees removing garbage and debris from any private property pursuant to the provisions of this section shall designate, in writing, to the village clerk the reasonable cost incurred in the removal of the same. The village clerk shall then bill the owner of said real estate for the reasonable cost of the removal of said debris, posting the same by United States mail.
   E.   Costs A Lien; Foreclosure:
      1.   In the event the owner of any real estate from which garbage and debris has been removed pursuant to the provisions of this section fails to pay the cost thereof within fifteen (15) days after posting of the bill for the same, the village clerk shall cause a notice of lien to be filed in the office of the recorder of deeds of Will County, Illinois, which notice shall consist of a sworn statement setting out: a) a description of the real estate sufficient for identification thereof, b) the amount of money representing the cost and expense incurred or payable for the service, and c) the date or dates when such cost and expense was incurred by the village.
      2.   In the event the cost incurred by the village for the removal of any garbage or debris from private property pursuant to the terms of this section are not paid by the owner of said real estate within eighteen (18) months from the date of filing of the notice of lien therefor, the village clerk shall advise the board of trustees of the same to enable it to designate whether foreclosure of the lien for the same should be commenced. (Ord. 0-185, 1-8-1974)
4-1-7: PAYMENTS:
   A.   Invoice: The village will provide the contractor with the number of occupied units within the village on a monthly basis for billing purposes. The contractor will invoice the village for all serviced units within the village on a monthly basis.
   B.   Rates: The unit rate structure for the contract years April 1, 2014 through March 31, 2022, will be as follows:
 
Contract Year
Monthly Rate
Senior Rate
April 1, 2014 through March 31, 2015
$21.44
$18.44
April 1, 2015 through March 31, 2016
21.98
18.98
April 1, 2016 through March 31, 2017
22.53
19.53
April 1, 2017 through March 31, 2018
23.09
20.09
April 1, 2018 through March 31, 2019
23.67
20.67
April 1, 2019 through March 31, 2020
24.26
21.26
April 1, 2020 through March 31, 2021
24.86
21.86
April 1, 2021 through March 31, 2022
25.49
22.49
 
   C.   Senior Citizens Discounts: Village residents that are sixty five (65) years of age or older and/or live alone or with their spouse may qualify for the monthly unit rate stated above. The village will determine those residents that qualify for the senior rate and will notify the contractor as to the number of units that qualify for billing purposes. Seniors must demonstrate their status with the village and the village will verify the status of the resident.
   D.   Government And Regulatory Fees: The above prices include all current federal, state, county, local or other taxes, fees, surcharges or similar charges relating to the collection and disposal of the city's solid waste (the "fees"). Any increase in the fees or any new fees imposed that specifically impact general business conditions or permitted pollution control facilities (i.e., landfills, transfer stations, compost facilities) following the date of this agreement, the parties agree to negotiate in good faith any such price increases provided that the contractor provides evidence of the increase to the village. In addition, in the event that changes with federal or state statute or regulation, there occurs a change in the regulatory requirements which requires further separation of municipal solid waste which has general applicability to similar waste haulers and which materially increases the contractor's costs, the parties agree to negotiate in good faith any such price increases. In the event of any increase for any of the above, the increase would not take effect until the next scheduled price increase date. (Ord. 14-1719, 1-28-2014)
4-1-8: RECYCLING COLLECTION:
   A.   The contractor agrees to provide, at its own expense, one 96-gallon or 64-gallon wheeled cart to each single-family residence in the village of Shorewood for the purposes of recycling collection. Previously delivered carts may be exchanged for a fee. The carts will remain the property of the contractor and the contractor will be responsible for replacement of carts that become worn or damaged through normal usage. The contractor will make available for rent additional ninety six (96) gallon carts to homeowners for the purposes of disposing of recyclables for a fee of four dollars ($4.00) per month with a one year minimum rental agreement. The contractor shall be solely responsible for the billing and collection of fees from the homeowners that agree to rent the carts.
   B.   The contractor shall also provide to the village recycling services to each occupied unit on an every other week basis through the month of February 2014. Beginning on March 1, 2014, the contractor shall provide recycling services on a once per week basis. All recyclable items must be placed in the provided cart. Recyclables must be placed out for collection at the curb by six o'clock (6:00) A.M. on the designated collection day during the scheduled collection week. The contractor shall be responsible for communicating the routes and the collection schedules to the village and the residents. The contractor will be responsible for the collection and sorting of recyclables for all occupied units within the village.
   C.   Recycling materials to be collected by contractor include those listed on attachment A attached to the ordinance codified herein. The contractor will retain any and all proceeds from the sale of recyclables and shall bear all costs and expenses of collection, storage, and marketing of the recycling materials.
   D.   The contractor will make available educational materials to explain elements of the refuse, recycling, and yard waste program, and explain acceptable materials and procedures for the proper preparation of the materials to be disposed of or recycled. (Ord. 14-1719, 1-28-2014)
4-1-9: PENALTY:
Unless otherwise provided, any person violating any of the provisions of this chapter or piling, placing or sweeping "refuse", as defined herein, upon any sidewalks, parkway, street, alley or curb contrary to the manner described herein shall, upon conviction, be punishable as provided in section 1-4-1 of this code. (Ord. 0-53, 8-24-1965; amd. 1994 Code; Ord. 99-937, 4-27-1999)