[HISTORY: Adopted by the Board of Trustees
of the Village of Williamsville 2-8-1993 by Ord. No. 93-14. Amendments
noted where applicable.]
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.
Accumulation of grass, shrubbery cuttings, leaves, tree limbs
and other materials accumulated as the result of the care of lawns,
shrubbery, vines and trees.
Materials that are separated from garbage and refuse for
the purpose of recycling.
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.
A single family, duplex, or multifamily dwelling unit.
A.Â
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.
B.Â
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.
D.Â
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.
A.Â
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.
B.Â
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:
(1)Â
Name, address and telephone number of applicant;
(2)Â
Proof of liability insurance in the amount of $1,000,000;
(3)Â
List of all employees that will be involved in the
operation of the business;
(4)Â
Proof of workers' compensation insurance covering
the employees; and
(5)Â
If engaging in the collection of recycling materials,
the proposed method of disposition of the recyclables.
C.Â
As a condition of licensure, an applicant shall agree
to do the following:
(1)Â
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.
(2)Â
The licensee shall transport and dispose of recyclable
materials in accordance with proposed method of disposition of recyclables
that was included in its application;
(3)Â
The applicant shall transport landscape waste to an
Illinois Environmental Protection Agency permitted composting facility;
and
(4)Â
The applicant shall provide to the designated grant
authority a written report regarding the following:
(a)Â
Volume as measured in pounds or tons of solid
waste collected;
(b)Â
Volume of recyclable material collected;
(c)Â
Volume of recyclable material recycled;
(d)Â
Number of clients served;
(e)Â
Name and address of recycling processing centers
and end-markets used; and
(f)Â
Receipts showing deposits at recycling processors,
end-markets and landfills upon their request or on request of the
Village of Williamsville, Illinois.
D.Â
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.
E.Â
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.
F.Â
Payment of all fees must accompany the original license
application or renewal application.
G.Â
Licenses issued pursuant to this chapter shall be
valid for 36 months.
H.Â
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.
I.Â
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.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
A.Â
The licensee shall set volume-based rates for residential
dwelling units as follows: competitive rates.
B.Â
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.