[Adopted 8-12-2008 by Ord. No. 08-043]
The purpose of this article is to regulate and control the accumulation,
removal and disposal of refuse, recyclables, and yard waste and to
eliminate unhealthy, unsanitary and unsightly conditions in the Village.
As used in this article, the following terms shall have the
meanings indicated:
BULK ITEMS
Any discarded or unwanted large household items such as couches,
chairs, mattresses, box springs, bed frames (provided they are broken
down into pieces), sofas, tables, bookcases, fixtures, bicycles, sleds,
swing sets, and other furniture pieces. Up to four rolls of carpeting
and padding each (for a total of eight rolls) shall be considered
a single bulk item, provided that each roll is cut and rolled into
lengths of four feet and properly secured and tied and each roll does
not exceed 50 pounds in weight. This definition does not include "white
goods" as defined by Illinois Administrative Code, 35 Ill. Adm. Code
875.101.
COMMERCIAL COMPACTOR
A fully enclosed metal, watertight receptacle normally supplied
by a refuse collection firm.
COMMERCIAL ESTABLISHMENT
Any individual, business or entity of any kind which generates
commercial waste, refuse or recyclable materials.
COMMERCIAL GREASE
Waste, fats and oils created by the preparation of food by
a food vendor of any size.
COMMERCIAL REFUSE CONTRACTOR
Any refuse collection firm licensed by the Village providing
removal of commercial waste, refuse and recyclable materials from
stores, offices, industries, hotels, restaurants, health-care facilities,
religious and civic organizations, construction work sites and other
similar places.
COMMERCIAL WASTE
Refuse generated by businesses, offices, restaurants, retailers,
and institutions located in or as part of commercial buildings not
included in the definition of "residential unit" as defined herein;
includes combustible trash, including, but not limited to, paper cartons,
boxes, barrels, wood, packaging material, wood furniture, and bedding;
noncombustible trash, including, but not limited to, food waste, metals,
tin cans, plastic containers, metal furniture, glass, crockery, other
mineral waste or street refuse. This does not include "temporary construction
roll-off containers" as defined herein.
CONTAINERS, RESIDENTIAL
A.
Wheeled carts provided by the residential refuse contractor
serving the Village having a capacity of 35 gallons, 65 gallons or
95 gallons.
B.
Metal or plastic containers having tight-fitting covers not
exceeding 32 gallons' capacity each and not exceeding a total weight
when full of 50 pounds each. Every such container shall have secure
handles for convenient lifting and carrying.
C.
A container may be a disposable refuse sack or liner of not
less than gauge 0.0015 for plastic or two-ply, fifty-pound weight
strength extensible kraft paper; and shall not exceed a total weight
when full of 50 pounds each.
D.
Multi-yard containers are tightly covered metal or plastic watertight
receptacles two cubic yards to eight cubic yards in size.
CPI
The United States Department of Labor, Bureau of Labor Statistics,
Revised Consumer Price Index for all Urban Consumers (CPI-U) for Chicago,
Illinois — Gary, Indiana — Kenosha, Wisconsin local area
(all items 1982-84 = 100).
DISINFECT
Misting the metal, plastic or wood interior of commercial
refuse and recycling containers with a bleach and water solution of
sufficient strength to destroy harmful bacteria, viruses, etc.
DUMPSTER AREA
The area where commercial waste, refuse, recyclable materials,
grease containers, dumpsters or compactors are stored.
GREASE CONTAINER
An enclosed, leakproof receptacle located inside or outside
a food establishment for the storage of commercially generated grease.
IEPA
Illinois Environmental Protection Agency, or successor.
RECYCLABLE MATERIAL
Materials to be discarded that may be marketable recyclable
commodities, including green, brown, blue, clear glass food and beverage
bottles and jars; steel, aluminum and bimetal food and beverage containers;
paperboard milk, food and laundry refill cartons; drink boxes (aseptic
packaging); polyethylene terphthalate (PET, plastic code #1); high-density
polyethylene (HDPE, plastic code #2); vinyl (V, plastic code #3);
low-density polyethylene (LDPE, plastic code #4); polypropylene (PP,
plastic code #5); other (plastic code #7) plastic food, beverage and
household cleaning product containers; formed aluminum containers,
trays and pans; aluminum foil; plastic beverage six-pack rings; empty
paint and aerosol cans; old corrugated cardboard (OCC); dry and wet
strength box board; white, colored, computer and mixed office and
school paper; newsprint; kraft paper bags; "junk mail"; magazines;
telephone directories; as well as any other materials designated or
approved by the Village for recycling by a licensed refuse contractor
operating within the Village.
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 referred
to 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,
vacuum cleaners, televisions, and computers. Christmas trees (except
during January), wreaths, and other ornamental indoor plants are included
in this definition.
RESIDENTIAL REFUSE CONTRACTOR
The refuse contractor selected by the Village to collect
and dispose of refuse, recyclables, and yard waste from residential
and Village properties in the Village in accordance with an agreement
entered into by the Village and the refuse contractor.
RESTRICTED ITEMS
Automotive tires; more than two cubic yards of broken concrete,
rocks, and/or soil; household hazardous wastes, including, but not
limited to, explosives, oil-based paints, latex paint in liquid form,
oils, solvents or other materials that may present a fire hazard;
potentially infectious medical waste (PIMW) defined in 35 Ill. Adm.
Code 1420.102 that is not exempt; medical and biohazard wastes; any
single household item too large to be placed in a compactor-type truck
or for one person to reasonably manage; construction and/or demolition
material in excess of two cubic yards, including drywall, lumber,
roofing materials, fencing and posts, permanent swimming pools, any
rigid item over four feet in length; and/or material(s) resulting
from evictions.
RESTAURANT
All establishments where waste is generated through the preparation
and sale of food.
SHARED DUMPSTER
When two or more separate businesses or residences utilize
the same dumpster, compactor or dumpster space. This includes separate
businesses or residences within the same building, as well as in separate
buildings.
TEMPORARY ROLL-OFF CONTAINERS
Containers used for a short period of time exclusively during
construction, remodeling and/or for the removal of large quantities
of refuse.
UNIT, AGRICULTURAL
Residential units located on property in the A-1 Agricultural
District or A-2 Rural Residential District.
UNIT, RESIDENTIAL
Any individual residence and/or any Village-owned property
within the Village limits of Homer Glen, including single-family homes,
duplexes, townhouses, condominiums and multiple-unit buildings up
to four units in size. Multifamily buildings with five or more attached
units such as apartments, condominiums or townhouses lacking individual
driveways, and detached units with shared driveways and shared dumpster
service, are considered commercial-residential units and shall be
subject to collection as residential units in accordance with the
Village's residential refuse contract.
WHITE GOODS
Items defined by 35 Ill. Adm. Code 875.101 and including
all household residential-type discarded refrigerators, ranges, water
heaters, freezers, air conditioners, clothes washers, dryers, boilers,
and other similar domestic large appliances. Large commercial freezers,
chillers, ice makers, or air conditioners are not included in this
definition.
YARD WASTE or LANDSCAPE WASTE
All accumulations of grass or shrubbery cuttings, leaves,
tree limbs, branches, brush, vines, garden plants, and other similar
organic materials as the result of the cultivation and maintenance
of lawns, shrubbery, vines, trees, and gardens. During the month of
January, Christmas trees are considered yard waste and shall be collected
separately from refuse to be chipped, composted or otherwise recycled.
Sod is considered yard waste, provided it is placed in a rigid container
not exceeding 32 gallons and not weighing more than 50 pounds. Branches
and brush to be collected as residential yard waste must be bundled
and tied with string or twine (not wire). Branches must be cut into
lengths four feet or less, and each branch should be no more than
four inches in diameter. Each bundle must weigh no more than 50 pounds.
The following standards and specifications shall apply to all
persons holding a residential or commercial refuse service license:
A. Bond requirements.
(1) Prior to the issuance of a license for commercial refuse service,
each licensee shall file with the Village Clerk a performance bond
in the amount of $5,000 with sureties, in a form acceptable to the
Village.
(2) Prior to the issuance of a license for residential refuse service,
the residential refuse service licensee shall file with the Village
Clerk a performance bond in the amount of not less than $250,000 or
a greater amount as provided in the residential municipal refuse collection
contract.
B. Insurance and indemnity. Prior to the issuance of a commercial license,
the licensee shall provide the Village with a certificate of insurance
naming the Village as an additional insured, a certificate of insurance
with insurance coverage pertaining to all of the licensee's equipment,
personnel and operations under the contract, including general liability
insurance, workers' compensation insurance and motor vehicle insurance
in the amounts set forth in this subsection. The licensee shall maintain
adequate safeguards and use reasonable care in the performance of
all work and shall insure, indemnify, defend and hold the Village
harmless from any and all liability, costs and fees, including attorney
fees, resulting from damage to or destruction of any property or death
of or injury to any person (including, but not limited to, the licensee's
employees) or any administrative or judicial proceedings in whole
or in part arising out of the contract or in connection with the work
to be performed, including, without limitation, all acts or alleged
acts of the licensee, its employees, agents, or subcontractors, but
excluding that arising out of the sole legal cause of the Village,
its agents or employees.
(1) General liability: $2,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage.
(2) Automobile liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
(3) Workers' compensation and employers' liability: workers' compensation
limits as required by the labor code of the State of Illinois and
employers' liability limits of $1,000,000 per accident.
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Any change to the certificate or policy of insurance must be
reported to the Village Clerk prior to the change(s) becoming effective.
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(4) Umbrella or excess liability coverage. The contractor shall provide
evidence of umbrella or excess liability coverage of $10,000,000.
(5) Proof of insurance. A residential refuse licensee shall be required
to provide insurance in accordance with its contract with the Village.
C. Collection.
(1) The licensee shall collect and pick up all refuse from each premises
served by said licensee. Residential collection shall be conducted
per the terms of the refuse, recycling and yard waste collection contract.
(2) Commercial refuse service licensees shall offer regular collections
for commercial customers at least once per week according to a schedule
to be agreed upon by the licensee and commercial customer. Collections
shall be made from a location at the commercial customer's building
behind the front line of said building. Commercial-type containers
shall be furnished by the licensee, or may be furnished by the customer,
if approved by the licensee.
D. Restrictions and condition of equipment. The licensee shall use modern
leakproof loader trucks and keep all equipment used in the performance
of its work in a clean, sanitary condition and not permit the same
to remain standing anywhere in the Village. All licensee trucks will
be clearly identified with the name of the refuse contractor; lettering
must be at least three inches in height. No such vehicle shall be
driven through or over any road or street within the Village during
or on a Sunday. All refuse vehicles shall be cleaned and disinfected
when not in use in order that such vehicles do not become offensive.
Recyclable material shall be collected in a vehicle appropriate for
this purpose. Landscape materials shall be collected in a leakproof
packer-type truck. Such trucks and equipment shall at all times be
available for inspection by the Village upon request.
E. Disposal of refuse.
(1) All refuse collected by a licensee shall be disposed of by the licensee
at his or her own expense outside the corporate limits of the Village.
Recyclable refuse shall be disposed of at a proper processing facility
or a materials vendor. Landscape waste shall be disposed of at a site
in conformance with state requirements. It shall be unlawful for any
licensee to dispose of or store any refuse in any place within the
Village limits.
(2) All refuse collected by any licensee shall be disposed of in accordance
with all applicable statutes of the State of Illinois and the ordinances
of the Village.
F. Holiday pickups. When a scheduled pick-up day falls on a holiday,
the refuse shall be picked up on the next business day occurring immediately
thereafter.
G. Customer service. Each licensee shall provide a telephone number
and e-mail address for the receipt of service calls or complaints,
and shall have an employee available to receive such calls on working
days from 8:00 a.m. to 5:00 p.m. Complaints shall be given prompt
and courteous attention. In case of missed scheduled collections,
the licensee shall investigate and, if the claim is valid, shall arrange
for a pickup of the refuse in question within 24 hours after the complaint
is received. Any complaints received by the Village will be immediately
forwarded to the licensee. All licensees shall maintain a log of every
complaint received, the date received, the person making the complaint,
any action taken and the date such action is taken. Such complaint
log shall at all times be available for inspection by the Village.
All fees charged for the collection of residential refuse, recyclables,
and yard waste shall be as determined by the President and Board of
Trustees pursuant to the residential refuse collection and disposal
contract. Service fees for commercial customers shall be as agreed
upon by and between the licensed refuse contractor and the commercial
customer.
Notwithstanding any provision contained herein to the contrary,
no person or firm, whether licensed as a refuse contractor or not,
shall purchase, collect, transport or remove residential refuse from
a residence to another residence or commercial property unless authorized
and licensed by the Village or authorized by the Village to do so
pursuant to a written agreement entered into between the Village and
the refuse contractor. In the event the residential refuse collection
and disposal contract is terminated, the residential refuse license
shall be automatically revoked without notice or hearing.
Violations of any provision of this article shall be punished
by a fine of not less than $100 nor more than $1,000. Each day any
such violation shall constitute a separate offense.
Proceedings to enforce violations of this article may be initiated and conducted in accordance with and pursuant to the administrative adjudication provisions of Chapter
1, Article
III, Penalties and Enforcement, of the Village Code or by any other means provided by law or ordinance of the Village providing for local enforcement of code violations.