HomeMy WebLinkAbout050-O-23 Amending Title 8 Chapter 4 of the City Code Concerning Municipal Solid Waste4/27/2021
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AN ORDINANCE
Amending Title 8 Chapter 4 of the City Code Concerning Municipal
Solid Waste
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLIINOIS:
SECTION 1: City Code Section 8-4-3, "General Disposal Requirements"
of the Evanston City Code of 2012, as amended, is hereby further amended as follows:
8-4-3. — GENERAL DISPOSAL REQUIREMENTS.
(A) All refuse must be stored in clean, leakproof, nonabsorbent receptacles during
storage.
(B) Refuse may be stored in:
1. Roll out carts provided by the City;
2. Thirty (30) gallon or less plastic trash bags without any perishable items in
them;
3. Roll out carts or dumpsters provided by the private scavenger under contract
with the City; or
4. Roll out carts or dumpsters provided by a private scavenger if an exception
from the municipal solid waste franchise service is granted.
(C) Recyclable materials may be stored in:
1. Roll out carts or dumpsters provided by the City;
2. Roll out carts or dumpsters provided by the private scavenger under contract
with the City; or
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3. Roll out carts or dumpsters provided by a private scavenger if an exception
from the municipal solid waste franchise service is granted.
(D) Yard Waste may be stored in:
1. Roll out carts purchased from the City and owned by the property owner;
2. Thirty (30) gallon or less biodegradable paper bags designated for yard waste;
or
3. Yard waste consisting of brush or tree branches may be tied in bundles which
must be no more than four (4) feet in length and tied with cloth ties. Tree
branches less than four (4) inches in diameter are considered yard waste and will
be collected by City crews; larger branches must be removed at the expense of
the resident. The diameter of the bundles must not exceed three (3) feet.
Bundles tied with plastic, wire, or rope will not be accepted.
(E) Food Scraps may be stored in:
1. Refuse roll out carts provided by the City;
2. Food and Yard waste roll out carts purchased from the City during the food
and yard waste collection season; or
3. In a container provided by a private scavenger under contract with the City.
(F) The maximum weight of refuse, or recyclable materials or compostable materials
placed into a roll out cart or food and yard waste bag may not exceed fifty (50) pounds.
The volume of material placed into a roll out cart must allow the lid of the cart to fully
close onto the cart body.
(G) The maximum volume of material placed in a dumpster provided by a private
scavenger shall not exceed the capacity of the dumpster and allow for the dumpster lid
to fully close onto the dumpster body.
(H) The disposal of construction debris shall be undertaken by the dwelling occupant or
owner at his/her own expense utilizing the private scavenger under contract with the
City.
(1) Occupiers, owners, or operators of residences and business or commercial
properties shall not use waste receptacles placed on the public way by the City to
collect refuse, recycling or compostable material disposed of by passersby.
(J) Recycling of Electronic Products Required: Pursuant to the Electronic Products
Recycling and Reuse Act (415 ILCS 5/1 et seq., as amended), the following electronic
products shall not be disposed of in any municipal solid waste container by any person
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or business and must be recycled: televisions, printers, electronic keyboards, electronic
mice, cable receivers, satellite receivers, monitors, facsimile machines, videocassette
recorders, digital video disc (DVD) players, digital video disc (DVD) recorders, digital
converter boxes, computers (including tablets), scanners, stereo equipment and
speakers, portable digital music players, small scale servers, video game consoles, and
cell phones.
(K) Disposal of larger municipal solid waste items or municipal solid waste in volume
greater than what will fit into the provided and allowable receptacles requires a special
pick up. Property owners are required to contact the City to schedule a special pick up.
The municipal solid waste items to be disposed by a special pick up shall not be
placed/stored on public property until the day that the special pick up is schedulled to
occur.
(L) The Director of Public Works or the City Manager or his/her designee(s) shall
designate procedures regulating the collection of refuse, garbage, large, heavy, or
extraordinary materials and items.
(M) Equal Access to Service.
1. All properties shall provide appropriate levels of recycling service as
determined by the City in accordance with City goals and priorities. In addition, all
properties shall make tenants and occupants aware of services available to
provide compostable materials collection.
2. No property owner, manager or representative shall deny access to a tenant or
occupant to access appropriate recycling service or alternative diversion services
such as compostable materials collection.
3. A property owner, manager or representative may elect to pass the cost of the
alternative diversion services such as compostable material collection to
occupants or tenants.
SECTION 2; City Code Section 8-4-4, "Recyclable Materials Disposal
Requirements" of the Evanston City Code of 2012, as amended, is hereby further
amended as follows:
8-4-4. - RECYCLEABLE MATERIALS DISPOSAL REQUIREMENTS.
(A) The recyclable materials listed in this Section set out for disposal shall be cleaned
and segregated from any refuse and compostable material and set out in special
receptacles provided by the City or the franchise waste private scavenger(s):
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1. Paper items including newspapers and all inserts, direct mail advertising, office
paper, magazines, catalogs, phone books, cardboard, paper bags, and
chipboard (flattened cereal or tissue boxes, paper towels and toilet paper rolls,
and food boxes). No waxed paper products will be accepted.
2. Juice boxes and milk, water, and broth cartons.
3. Glass jars and bottles with lids.
4. Aluminum cans, containers, clean foil, and metal lids larger than three (3)
inches in diameter.
5. Steel and bimetal cans including empty aerosol cans and empty dry paint
cans.
6. Plastic containers, bottles, and lids with material code numbers 1, 2, 3, 4, 5,
and 7(lids must be on the container)
7. Other articles may be prohibited by additional regulations promulgated by the
Director of Public Works or the City Manager or his/her designee(s).
(B) Placina/mixina non-recvclable materials with recvclable materials in a receptacle
indicated for recvclable materials shall be a violation of this Chapter and may result in a
special collection fee for the collection, transportation, and disposal of the non-
recvclable material.
SECTION 3: City Code Section 8-4-6, "General Receptacle
Requirements" of the Evanston City Code of 2012, as amended, is hereby further
amended as follows:
8-4-6. — GENERAL RECEPTACLE REQUIREMENTS.
(A) City Provided Refuse and Recycling Receptacles
1. Refuse and recycling roll -out carts provided by the City and will be imprinted
with a serial number and stamped with the City seal. Ownership of the carts shall
remain with the City and unauthorized removal of said carts shall be a violation of
this Chapter.
2. Refuse and recycling roll -out carts will be maintained and repaired by the City.
The City will replace the City issued roll -out cart for free of charge when it
determines that a replacement is needed.
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3. Refuse and recyclable materials placed in roll out carts must not exceed fifty
(50) pounds and must be placed in a manner that will allow the roll out cart lid to
completely close onto the cart.
4. Refuse containers used at residences with five (5) or less dwelling units shall
be either the ninety-five (95) gallon or sixty-five (65) gallon roll -out carts provided
by the City.
5. Recyclable materials containers provided by the City shall be either the ninety-
five (95) gallon or sixty-five (65) gallon roll -out carts. The containers will have a
blue lid and a weatherproof sticker indicating the acceptable and non -acceptable
items for disposal.
6. A dwelling must have a ninetv-five (95) gallon refuse cart in order to obtain anv
additional refuse cart.
(B) Food and Yard Waste Receptacles.
1. Kraft paper bags used for yard waste shall have a maximum capacity of thirty
(30) gallons and weigh no more than fifty (50) pounds when filled. Branches shall
not exceed four (4) inches in diameter and/or four (4) feet in length. Branch and
trimming bundles shall not exceed three (3) feet in diameter. No food scraps may
be disposed of in a Kraft paper bag.
2. Property owners wishing to use a roll out cart for food and yard waste disposal
may purchase a roll out cart from the City. The cost of these carts shall be as
identified in Section 8-4-11. These carts are then owned by the property owner.
3. Roll out carts purchased by the property owner and used for food and yard
waste storage will be maintained and repaired by the City for the first five (5)
years after they are purchased. After five (5) years from the date of purchase, the
property owner is responsible for the repair/ replacement of the food and yard
waste roll out cart. Food and yard waste roll out carts will have a green lid and a
weatherproof sticker indicating the acceptable and non -acceptable items for
disposal.
4. Food and yard waste placed in the roll out cart must not exceed fifty (50)
pounds and must be placed in a manner that will allow the roll out cart lid to
completely close onto the cart.
(C) Private Scavenger Provided Receptacles.
1. Receptacles provided by private scavengers shall be leakproof, rodent -
resistant, lidded, and constructed of impervious material. The receptacles are
subject to the inspection of the City of Evanston Health and Human Services
Department.
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2. Receptacles provided by private scavengers must display the name and
address of the premises they serve in conspicuous lettering. Said lettering is to
be maintained in a clean and legible condition. Containers shall be situated so
that the required lettering is visible from the public way. This provision shall be
waived in the event that private scavengers swap out containers during the
weekly collection with new cleaned containers each and every week service is in
effect.
3. Receptacles provided by private scavengers located in the downtown zoning
districts shall be maintained with their lids shut and locked, except when
depositing or removing waste.
SECTION 4: City Code Section 8-4-8, "Designation of Collection Site;
Collection Agent' of the Evanston City Code of 2012, as amended, is hereby further
amended as follows:
8-4-8. — DESIGNATION OF COLLECTION SITE; COLLECTION AGENT.
(A) Municipal solid waste collection containers shall be located aboveground. No
collection will be made from containers set into the ground.
(B) Each premises occupied or used as a multi -family residential unit, business, or
commercial purpose shall designate one individual who shall at all times be responsible
for all requirements under this Chapter.
(C) All properties which abut an alley must designate a collection site at the edge of the
property directly adjacent to the alley. Where practicable, the site should not be fenced
or otherwise closed off in such a manner as to impede efficient collection. Any gates
leading to the collection site from the alley shall be unlocked. The collection site may be
on the alley itself, provided that containers shall not interfere with the free movement of
vehicles in the alley.
(D) All properties that do not abut an alley:
1. Occupants of residences whose property does not abut an alley shall locate
municipal solid waste receptacles along the curb immediately adjacent to the
property, provided that containers shall not interfere with the free movement of
vehicles in the street or pedestrians on walkways.
2. Municipal solid waste receptacles and all other refuse materials must be
secured and placed' in containers at the curb not earlier than 6:00 p.m. of the day
preceding collection nor later than 7:00 a.m. on the day of collection. All
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containers must be removed from the curb no later than 7:00 p.m. on the day of
collection or twelve (12) hours after actual collection, whichever occurs later.
(E) The designated collection site for municipal solid waste collection service by the City
or private scavenger under contract with the City will be located so as to provide the
highest degree of accessibility to the collection vehicles.
(F) Each premises occupied or used as a multi -family residential unit, business, or
commercial purpose shall designate one (1) individual or property management
company, with contact information, who shall at all times be responsible for all
requirements under this Chapter.
(G) Each property owner is responsible for the clearing of snow and ice from trash
receptacles includina a path reasonably wide and Iona enough to the refuse truck. All
trash receptacles must be accessible for pick-up.
SECTION 5: City Code Section 8-4-9-2-2, "Franchise Service
Exemptions" of the Evanston City Code of 2012, as amended, is hereby further
amended as follows:
8-4-9-2-2. - FRANCHISE SERVICE EXEMPTIONS.
(A) Any person or legal entity occupying any building specified in Subsection 8-4-9-1(C)
of this Chapter may request, in writing, to the Director of Public Works or the City
Manager or their designee(s), that they be exempted from the City franchise service for
municipal solid waste services. Said request shall specify the circumstances that
necessitate such exemption status which may include, but are not limited to, a corporate
contract whose provisions are outside the persons' or entities' control or a specialized
service that cannot be provided by the City franchise service.
(B) Any person or legal entity that has been granted an exemption from the City
franchise waste service shall contract at its own expense with a private scavenger
licensed by the City pursuant to Chapter 4Y2 of this Title. Municipal solid waste pick up
by the private scavenger shall be as often as may be required to prevent stored
municipal solid waste from becoming a nuisance or a threat to the public health,
welfare, or safety.
(C) Commencing on January 1, 2020, any nonaovernmental entity, university or hospital
exempt from the municipal solid waste franchise service shall pay to the City a per cubic
yard hauler fee on each cubic yard of receptacle volume provided by a private
scavenger for refuse collection, but not for recyclable or compostable material
collection. The hauler fee shall be equal to two dollars and fifty cents ($2.50) per cubic
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yard of receptacle volume provided multiplied by the times per week the receptacle is
serviced and then multiplied by three (3), the number of months in a calendar quarter.
(D) The hauler fee shall be paid to the City Collector no later than the thirtieth (30th) day
following the close of a calendar quarter (for example, such payment is due on April 30th
for the first calendar quarter ending March 31 st) without demand from the City.
(E) Any person or legal entity using a private scavenger for construction debris disposal
may request, in writing, to the Director of Public Works or the City Manager or their
designee(s) that they be exempted from the City franchise service. Said request shall
specify the circumstances that necessitate such exemption status which may include,
but not limited to, a specialized service that cannot be provided by the City franchise
service, such as the collection and disposal of poisonous or toxic materials and any
quantities of liquid requiring tanker truck equipment.
(F) Any person or legal entity that has been granted an exemption from the City
franchise waste service for construction debris disposal shall contract at its own
expense with a private scavenger licensed by the City pursuant to Chapter 4'/2 of this
Title.
1. Before the service is provided, the entity shall submit to the Director of Public
Works or their designee(s) evidence that the private scavenger is licensed by the
City; an estimate of number of containers and size to be utilized; when the
service will begin and the duration in months that the service will be provided; the
location where the debris will be disposed.
2. For each month that the containers are utilized, the entity shall provide the City
with a copy of the invoice from the private scavenger indicating the cubic yards of
the containers utilized and the weight of the material disposed.
3. The entity that is granted an exception in Section 8-4-9-2-2(E) shall pay the
City a hauler fee of one dollar ($1.00) for each cubic yard of disposal container
provided. The hauler fee must be paid to the City Collector no later than the
thirtieth (30th) day following the close of a calendar quarter (for example, such
payment is due on April 30th for the first calendar quarter ending March 31 st)
without demand from the City.
4. The City shall not issue a certificate of temporary occupancy for the building
site that utilizes an non -franchise private scavenger until the entity that requests
an exception submits all required invoices and pays all outstanding hauler fees.
(G) Any person found guilty of violating, disobeying, omitting, neglecting or refusing to
comply with or resisting or opposing the enforcement of any provision of this Section,
except when otherwise specifically provided, shall be fined not less than two hundred
fifty dollars ($250.00) for the first offense, and not less than seven hundred fifty dollars
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($750.00) for the second and each subsequent offense in any one hundred eighty (180)
day period; each day of violation shall constitute a separate and distinct offense.
(H) All fees imposed by this Section 8-4-9-2-2(F) and remaining unpaid after they are
due will bear interest at a rate of ten percent (100X0) per month, or fraction thereof. The
entity requesting a franchise service exception shall timely pay all fees imposed by this
section to the City Collector.
SECTION 6: City Code Section 8-4-11, "Imposition of Sanitation Service
Charges" of the Evanston City Code of 2012, as amended, is hereby further amended
as follows:
8-4-11. — IMPOSITION OF SANITATION SERVICE CHARGES.
(A) Refuse. There is hereby established the following fee structure for the collection and
disposal of refuse, as defined in Section 8-4-1 of this Chapter, by the City:
1. Nine dollars and fourteen cents ($9.14) per month per dwelling for one (1)
City -issued sixty-five (65) gallon roll out cart, only.
2. Twenty dollars and sixty-four cents ($20.64) per month per dwelling for one (1)
City -issued ninety-five (95) gallon roll out cart plus one (1) thirty (30) gallon or
less trash bag.
3. Nine dollars and fourteen cents ($9.14) per month per dwelling for any
additional roll out cart regardless of size. The initial monthly fee shall be based
on the largest roll out cart present at the location.
4. Eight dollars and eighty-five cents ($8.85) per month per unit for each
townhome, row house, or multiple dwellings which are at least seventy-five
percent (75%) owner occupied for the entire housing complex.
(B) Food and Yard Waste. The fee structure for the collection and disposal of
"compostable materials" as defined in Section 8-4-1 of this Chapter, by the City is:
1. One dollar and seventy-five cents ($1.75) per yard waste sticker. Purchasers
shall affix one (1) sticker to each bag of yard waste and/or branch and trimming
bundle, regulated by Subsection 8-4-3(D) of this Chapter, left for collection by the
City.
2. Twenty-five dollars ($25.00) per year per yard waste cart.
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(C) Recyclable Materials. The fee for the collection and disposal of "recyclable material"
as defined in Section 8-4-1 of this Chapter, by the City for only multi -family apartment
buildings six (6) units and greater is:
One dollar and eighty-five cents ($1.85) per unit per month in the multi -family apartment
buildings with six (6) units or greater. Disposition requirements for recyclable materials
are outlined in Section 8-4-4 and the proper receptacle for said materials is outlined in
Section 8-4-6 above.
(D) Special Pick Up. The fee structure for the collection and disposal of "special pick
up," as defined in Section 8-4-1 of this Chapter, by the City is set forth below:
1. One hundred dollars and no cents ($100.00) for the collection, transportation
and disposal of up to three (3) cubic yards of municipal solid waste, compostable
materials, or recyclable material.
2. Twenty-five dollars and no cents ($25.00) for the collection, transportation and
disposal of each additional one (1) cubic yard of refuse, compostable materials,
or recyclable material in excess of the initial three (3) cubic yards.
(E) Purchase of a Food and Yard Waste Cart. The following fee is established for the
purchase and delivery of each food and yard waste cart:
1. Eight -two dollars and fifty cents ($82.50) for the purchase of a ninety-five (95)
gallon roll out cart purchased through the office of the Public Works Director.
(F) Purchase of an Additional Refuse Cart. The followina fee is established for the
purchase and delivery of each additional refuse cart in addition to the first ninetv-five
(95) aallon refuse cart.
1. Seventy-five dollars ($75.00) for the purchase of either a sixtv-five (65) gallon
or ninetv-five (95) gallon roll out cart purchased through the office of the
Public Works Director.
SECTION 7: City Code Section 8-4-14, "Penalty" of the Evanston City
Code of 2012, as amended, is hereby further amended as follows:
8-4-14. — PENALTY.
4-6(C)1, , 8 1 7, 8 1 11, 8 1 12, and 8 4 13 of this Ghapt3r, ;hall be punishable -by a
e shall be deemed
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(B) Any person that e.4e-af3c Subc o; shall be punishable-
by a fine of seventy five dellaFs ($7� 00) C nh day that a to I F d � b
�v G-crorraro�, 0 GyTccryrratty-crra-rcry-CGCptCrtrtG-rS-ryul-lV-tti-kiC-ftt
provider,violation shall Genstitute a sepaFate and distinet offense. in addition, the owneF Of a
shall be jeently and 6eveFally liable with the solid waste GelleGtian s
any viela of SubsestiGR 9 4-6(G)I.
{(;)Afyp on that violates unidhable-by
a fine of fifty dellars 0). Each day on shall
n 8 1 ? e€
this Ghapter shall he pun chable h`I
offense shall b
nentaininn reGyGlable M-Pter.-PISZ.
(A) Anv person that violates the provisions of Subsections 8-4-3, 8-4-4, 8-4-8 or
subsection 8-4-6(C)3 of this Chapter shall be guilty of an offense and fined as follows:
1. The fine for a first violation is fiftv dollars ($50.00).
2. The fine for a second violation is one hundred fiftv dollars ($150.00).
3. The fine for a third or subsequent violation is two hundred fiftv dollars
($250.00).
(B) Anv person that violates the provisions of this Chapter except Sections 8-4-3. 8-4-4.
8-4-6(C)3, 8-4-7, 8-4-8. 8-4-9-2-2. 8-4-11. 8-4-12, and 8-4-13 of this Chapter. shall be
punishable by a fine of two hundred fiftv dollars ($250.00).
(C) Each day a provision of this Chapter is found to have been violated constitutes a
separate violation subiect to the fine schedule set forth in Subsections (A) and (B) of
this Section.
(D) The fines provided for herein shall not be construed as limiting the power of a court
of competent iurisdiction or an administrative hearing officer to impose other penalties
and remedies as provided for by applicable legislation.
SECTION 8: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 9: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
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shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable 50-0-21 shall be in full force and effect after
its passage and approval.
SECTION 10: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: June 14
Adopted: June 28
Attest:
Stephanie Mendoza, City Clerk
, 2021 Approved:
, 2021 June 30
haAzd A.11',
Daniel Biss, Mayor
, 2021
Approved as to form:
OO
Nicholas E. Cummings, Corporation
Counsel
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