§ 249-2Garbage and refuse.
§ 249-3Licensing of haulers.
§ 249-5Rate structures.
As used in this chapter, the following terms shall have the meanings indicated:
- Waste resulting from the handling, preparation, cooking and consumption of food products.
- LANDSCAPE WASTE
- Accumulation of grass, shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawns, shrubbery, vines and trees.
- RECYCLABLE MATERIALS
- Materials that are separated from garbage and refuse for the purpose of recycling.
- RECYCLING BIN
- Approved container that is to be used solely for the temporary storage of recyclable materials.
- Combustible rubbish, including but not limited to paper, cardboard, wood, lumber scraps and shavings, excelsior, tree branches, yard trimmings, wooden furniture, bedding and clothing; ashes and cinders; noncombustible rubbish, including but not limited to metal, glass and plastic containers, crockery, broken concrete, and other solid waste resulting from building construction and demolition, industrial processes, and manufacturing operations; discarded household appliances, including but not limited to stoves, refrigerators, washing machines and television sets; and abandoned vehicles (as defined by the motor vehicle laws of the State of Illinois), and their component parts.
- RESIDENTIAL DWELLING UNIT
- A single family, duplex, or multifamily dwelling unit.
It shall be unlawful for any person to permit garbage to accumulate in any manner so as to create a nuisance or to attract flies, vermin or other disease-carrying vectors.
It shall be the duty of every owner, agent, tenant or occupant of any residential dwelling unit not to mix any landscape waste with garbage or refuse.
Garbage and refuse shall be kept only in the following approved containers:
Participation in the recycling program shall be voluntary, not mandatory. Upon request one recycling bin shall be provided to each residence within the corporate limits of the Village of Williamsville, Illinois, to promote the recycling program.
No person, firm, or corporation shall engage in the business of solid waste collection, hauling or disposal within the corporate limits of the Village of Williamsville, Illinois, without first obtaining a license pursuant to this Ordinance.
Any person, firm or corporation may obtain a license to collect, haul or dispose of solid waste within the Village of Williamsville, Illinois, by submitting an application to the Village Clerk. The application shall be on forms prescribed by the Village of Williamsville, Illinois, and shall contain the following information:
Name, address and telephone number of applicant;
Proof of liability insurance in the amount of $1,000,000;
List of all employees that will be involved in the operation of the business;
Proof of workers' compensation insurance covering the employees; and
If engaging in the collection of recycling materials, the proposed method of disposition of the recyclables.
As a condition of licensure, an applicant shall agree to do the following:
The applicant or licensee shall indemnify and hold harmless the Village and its agents and its employees from and against all claims for personal injury or property damage, including claims against the Village, its agents or servants, arising out of the Illinois Structural Work Act, and all losses and expenses, including attorneys' fees that may be incurred by the Village defending such claims, arising out of or resulting from the performance of the work and caused in whole or in part by any negligent applicant or licensee, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the Village or any of its agents or servants by an employee of an applicant or licensee or any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this subsection shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the applicant or licensee or subcontractor under Workers' Compensation Acts, Disability Acts, or their Employee Benefit Acts.
The licensee shall transport and dispose of recyclable materials in accordance with proposed method of disposition of recyclables that was included in its application;
The applicant shall transport landscape waste to an Illinois Environmental Protection Agency permitted composting facility; and
The applicant shall provide to the designated grant authority a written report regarding the following:
Volume as measured in pounds or tons of solid waste collected;
Volume of recyclable material collected;
Volume of recyclable material recycled;
Number of clients served;
Name and address of recycling processing centers and end-markets used; and
Receipts showing deposits at recycling processors, end-markets and landfills upon their request or on request of the Village of Williamsville, Illinois.
The Village of Williamsville, Illinois, shall notify the applicant in writing, within 30 days of date of application, whether the application has been approved or denied. If denied, the Village of Williamsville, Illinois, shall provide written notice of the basis for the denial. The applicant has 15 days to petition the Village of Williamsville, Illinois, for a hearing to review the denial. Upon receipt of the written request for hearing, the Village Clerk shall set a time and place for hearing.
Any license required by this chapter may be suspended or revoked for violation of any provision of this chapter. Written notice of suspension or revocation shall be given to a licensee at least 15 days prior to effective date of suspension or revocation. The licensee has 15 days to petition, in writing, for hearing to review the suspension or revocation. Upon receipt of the request for hearing, the Village Clerk shall set a time and place for hearing.
Payment of all fees must accompany the original license application or renewal application.
Licenses issued pursuant to this chapter shall be valid for 36 months.
The Village of Williamsville, Illinois, shall provide license renewal forms to the hauler within 60 days prior to the expiration of the hauler's current license.
A license granted hereunder shall constitute a contract pursuant to 65 ILCS 5/11-19-1 of the Illinois Municipal Code for the duration of the license.
A curbside recycling program is hereby created in the Village of Williamsville, Illinois. This program is optional for all owners, agents, tenants or occupants of any residential dwelling unit in the Village of Williamsville, Illinois.
The recycled material must be properly cleaned and washed and placed in approved containers. Upon request, one recycling bin shall be provided to each residential dwelling unit, free of charge, to be used in this program. The recycling bin will remain the property of the Village of Williamsville, Illinois, to be returned when no longer used in this program.
The recycling container shall be placed at the curb for pickup service on the day designated by the Village of Williamsville, prior to the hour of 7:00 a.m.
It shall be unlawful for any person who is not licensed by the Village of Williamsville, Illinois, to take, collect, scavenge or remove recyclable materials from a recycling container set out for collection pursuant to this program.
The licensee shall set volume-based rates for residential dwelling units as follows: competitive rates.
The licensee may change its rates from time to time at its discretion. The licensee shall provide the Village Clerk with a copy of any rate change and shall inform each residential customer of the rate change in writing at least 30 days in advance of its effective date.