2013-10-07 - Ordinance 2013-068 - AMENDING TITLE 8, HEALTH AND SAFETY, OF THE VBG MUNICIPAL CODESTATE OF ILLINOIS) ss.
COUNTY OF COOK )
CERTIFICATE
I, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois. I further
certify that on October 7, 2013, the Corporate
Authorities of the Village passed and approved
Ordinance No. 2013 -68, AN ORDINANCE
AMENDING TITLE 8, HEALTH AND SAFETY,
OF THE VILLAGE OF BUFFALO GROVE
MUNICIPAL CODE, a copy of such Ordinance was
posted in and at the Village Hall, commencing on
October 8, 2013 and continuing for at least ten days
thereafter. Copies of such Ordinance were also
available for public inspection upon request in the
Office of Village Clerk.
Dated at Buffalo Grove, Illinois, this 8th day of
October, 2013.
6.
10/2/2013
ORDINANCE NO. 2013- 68
AN ORDINANCE AMENDING TITLE 8 HEALTH AND SAFETY OF THE
VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the
provisions of the Constitution of the State of Illinois of 1970.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK
AND LAKE COUNTIES, ILLINOIS AND PURSUANT TO ITS HOME RULE
AUTHORITY:
SECTION 1: Chapter 8.20 Refuse of the Village of Buffalo Grove Municipal
Code is hereby amended to read as follows:
8.20.010 - Definitions.
The following definitions shall apply in the interpretation and enforcement of this
Chapter:
"Cart" means a covered, leak proof cart provided and owned by the approved refuse
contractor to contain all Garbage, Refuse or Recyclable materials placed for disposal by
the owners or occupants of a Dwelling.
"Contractor" means any contractor with whom the Village has licensed and contracted
for the removal of refuse, Recyclable materials and Landscape waste from within the
Village.
"Customer" means any premises receiving service from a Disposal Contractor or firm.
"Disposal firm" means any person, firm or corporation engaged in the business of
removal and disposal of Refuse.
"Dumpster" means any container approved by the Village's Health Officer and used for
institutional, multi - family housing, commercial or industrial Refuse.
"Dwelling" means a building or portion thereof, but not including a house trailer or
mobile home, designed or used exclusively for residential occupancy, including one-
family dwelling units, two - family dwelling units, and multiple - family dwelling units, but
not including hotels, boardinghouses, or lodging houses. The units can be considered
attached, detached or semi - detached.
"Garbage" means all animal and vegetable waste and all putrescible matter.
"Landscape waste" means all yard trimmings, grass, weeds, tree trimmings, leaves and
similar materials accumulated as the result of routine care and maintenance of lawns,
landscaping and gardens as otherwise described in 415 ILCS 5/3.270.
"Person" includes owner, occupant or lessee of any dwelling, and firm, corporation or
organization of any kind.
"Premises" means any dwelling, along with commercial or industrial establishments,
hotels, motels, boardinghouses, lodging houses, church, school, hospital, club building or
meeting hall or other usable structures.
"Recyclable materials" means materials that can be removed from refuse and recycled.
Recyclable materials are those materials that have been mutually agreed to by the Village
and the approved Refuse Contractor.
"Refuse" means combustible trash, including but not limited to, ashes (residue from fires
used for cooking and for heating buildings), paper, cartons, boxes, barrels, wood,
excelsior, , wood furniture, bedding; noncombustible trash, including, but not limited to
metals, tin cans, plastics, metal furniture, dirt, small quantities of rock and pieces of
concrete, glass, crockery, other mineral waste; street rubbish, including, but not limited
to, street sweepings, dirt, , catch -basin dirt, contents of litter receptacles, but Refuse does
not mean earth and wastes from building operations, nor shall it include solid wastes
resulting from industrial processes and manufacturing operations such as food processing
wastes, boiler -house cinders, lumber, scraps and shavings.
"Refuse container" means a nonabsorbent, durable, leak proof and non - corrodible metal
container with close - fitting cover that is rodent and insect resistant specifically designed
for use with collection vehicles for use in Institutional, multifamily housing, commercial
and industrial facilities.
"Waste" means Refuse, Recyclable materials and Landscape waste as defined in this
section.
8.20.020 - Disposal requirement.
The occupancy of any premises shall be prima facie evidence that Waste is being
produced and accumulated on such premises, and pickups must be made. All Waste shall
be called for and disposed of by a disposal firm or contractor duly licensed by the Village
except that building or other construction contractors may remove construction,
remodeling and demolition debris, tree trunks, bush and shrubs.
If the owner fails to remove any Waste twenty -four hours after notice, setting forth that
the condition of the premises which creates a health hazard as determined by the Health
Officer or other Village employee, agent or officer, the Village may cause removal of
Waste from the property, and the cost of removal shall become a lien on the real estate
involved, and the Village may recover the cost thereof by appropriate legal action.
8.20.030 - Accumulation prohibited.
Waste accumulation on any premises within the Village shall be enclosed in Carts,
Refuse Containers or Dumpsters. Waste shall be removed from the premises, and every
person shall keep his premises at all times free and clean of same. Except as set forth in
this Chapter, it is unlawful to dispose of or place any Waste in any public place in the
Village.
8.20.040 - Containers required.
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Every customer in possession of any premises in the Village shall provide for, and at all
times maintain in good order and repair, a sufficient number of Carts, Refuse Containers
or Dumpsters for a weekly accumulation of normal waste. Every customer in possession
of any premises shall cause to be deposited in such Carts, Refuse Containers or
Dumpsters all Refuse produced in or on such premises as soon as practicable after same
is produced, except as otherwise provided in this Chapter.
8.20.050 - Containers — Standards.
All Carts, Refuse Containers or Dumpsters shall be as previously defined and no other
type of container or containers shall be acceptable. Filthy, leaking or defective Carts,
Refuse Containers or Dumpsters shall be cleaned, repaired or replaced by the person in
possession of the premises serviced, and at his or her expense, as directed by the Village's
Health Officer, or other Village employee, agent or officer. Evidence of neglect of these
requirements or unsafe containers shall be determined by the Village Health Officer or
designee. Containers that are in violation of this Chapter will be identified by a violation
notice from the Village Health Officer or designee and must be replaced or repaired
within forty -eight hours.
8.20.060 - Containers — Storage, placement.
Institutional, multifamily housing, commercial and industrial Refuse Containers shall be
specifically designed for use with collection vehicles. Container's wheels must elevate the
base of the container a distance of at least six inches off the storage surface. The Refuse
Container/Dumpster storage surface must be constructed of an impervious, easily
cleanable durable material. Compactor box and Refuse Containers which are
mechanically raised or dumped are also permitted for institutional, multifamily housing,
commercial and industrial use. All Dumpsters which contain Garbage shall be covered
and be maintained as specified in Section 8.20.050.
8.20.070 - Containers — Location.
It shall be the duty of every person in possession of any premises in the Village for
which a Cart, Refuse Container or Containers shall be provided, to place the same at
ground level, in sight, at a location that may be conveniently and economically serviced;
provided, however, it shall be the duty of every person in possession of any detached
single- family, duplex, townhouse and attached single - family dwelling unit in the Village
(other than that collected from common units such as Refuse Containers or Dumpsters) to
place the same in the parkway at the curb in front of such dwelling where it can be seen
from the road on scheduled pickup days. Carts or any other materials as set forth in this
Chapter shall be set out not earlier than five p.m. the night before collection. All Carts
shall be removed from the parkway within twenty -four hours after collection. All service
routes shall start at seven a.m.; Refuse, Recyclable Materials or Landscape Waste set out
too late for collection shall be removed from the parkway no later than six p.m. of the
pickup day missed.
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8.20.080 - Containers — Inspection.
All Refuse Containers, Carts and /or Dumpsters shall be subject to inspection by the
Village Health Officer or other Village personnel selected by the Village Manager or
designee.
8.20.090 - Preparation— Deposit in container.
It shall be the duty of every customer in possession of any premises to cause all Waste
produced on the premises to be deposited in the approved Cart and covered to prevent the
same from being scattered, spilled or blown away. All waste of a size or nature which
renders it unsuitable for deposit in a Cart shall be placed on the ground adjacent to the
Cart, secured in neat and orderly bundles or stacks not to exceed the size and weight
specified by the contractor.
Landscape waste shall be deposited in biodegradable "Kraft" type bags, or clearly
marked hard containers up to thirty -two (32) gallons in capacity and not exceeding forty
five (45) pounds in weight.
8.20. 100 - Burning, dumping, scattering prohibited.
No waste shall be burned, dumped, scattered or buried within the Village.
8.20.110 - Disposal within closed building.
Waste may be disposed of within the building where it is accumulated or within a closed
building accessory thereto situated on the same premises by means of closed compaction
type equipment approved by the National Solid Waste Management Association, or by
grinding or shredding such Waste finely and disposing of it through pipes leading to a
public sanitary sewer; provided, that all Waste so disposed of in such pipes shall have
been ground or shredded to such a degree that all particles are carried freely under the
flow conditions normally prevailing in the sewers into which same is deposited. Any
closed compaction type equipment, incinerator, grinder or shredder shall be in
compliance with the State of Illinois Environmental Protection Agency standards and
regulations.
8.20.120 - Incinerator.
No incinerator will be allowed within two hundred fifty feet of a residential district, said
distance being measured from property line to property line. This restriction shall not
apply to other governmental agencies.
8.20.130 - Building /construction debris — Identification of disposal agent.
Any Dumpster, drop box, dump truck or other container for the collection and /or
removal of building debris from new construction or remodeling projects or demolition
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debris shall have the name and phone number of the disposal firm or
builder /contractor /owner plainly displayed on said container.
8.20.140 - Collection — Sanitation requirements.
Unless hauling recyclable materials to a recycling center, no person, firm, company or
corporation shall transport Waste over the streets or public ways in the Village unless
such Waste being transported over or along the streets of the Village or other public
property thereof is contained in a leak proof, compaction -type body commonly referred
to as a packer -type refuse body, or a vehicle approved and licensed by the Village. Such
equipment shall be clean and shall be maintained in good condition and repair. The
Disposal Contractor or Disposal Firm shall immediately clean up any Waste that disposal
workers may have caused to spill on private premises, parkways, streets, alleys or other
public places. Containers which may be damaged by the contractor's employees shall be
replaced free of charge by the contractor.
This section does not apply to private, individually contracted haulers who transport
within their own vehicles, Landscape Waste and other landscape debris or construction
and /or remodeling materials only. Such debris shall be generated as the result of work
contracted for within the Village and such exemption shall not allow any hauler to
dispose of such materials from properties other than where specifically contracted. All
other sanitation requirements of this section will remain in effect as to any contracted
debris hauling.
8.20.150 - Village contractors for refuse disposal.
Only one license shall be issued by the Village for the collection of Garbage and Refuse
from all residential dwelling units in the Village. The scope of work and specific
premises serviced by the licensee shall be established within a residential scavenger
service contract between the Village and Disposal Contractor or Disposal Firm. The
Disposal Contractor or Disposal Firm shall meet all of the requirements of the service
contract.
8.20.160 - License — Private disposal.
Except as otherwise set forth in this Chapter, no person shall remove Waste from any
premises in the Village on a private basis, or transport same through the streets, alleys or
public ways in the Village, or in any other manner dispose of same originating in the
limits of the Village, or contract for any such removal, transportation or disposal without
having secured a license for performing such private disposal service from the Village.
Private disposal shall be provided to those premises not serviced within the scope of the
residential scavenger service contract noted in Section 8.20.150. As a condition for the
issuance of a license to perform private disposal service in the Village, no licensee shall
collect and remove Garbage and Refuse from any residential dwelling unit within the
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Village other than the licensee so authorized to do so within the scope of the residential
scavenger service contract.
8.20.170 - License — Acquisition and display.
Application for license shall be made to the Village. The annual license fee shall be five
hundred dollars, payable annually. The license shall expire on the thirtieth day of April
following its issuance. Evidence of such license shall be provided by the Village and
displayed on each vehicle of licensee used in the Village.
8.20.180 - License — Service responsibility.
Every applicant for a private waste service license must demonstrate that it has adequate
and sufficient equipment, personnel and financial responsibility to service any customer
requesting it, and will perform in a safe and risk -free manner in order to protect the life
and property of the residents of the Village, all in accordance with the provisions of this
Chapter. Every applicant that has a private waste service license must agree to provide
service not less than once each week to all institutional, multifamily residential,
commercial and industrial customers.
8.20.200 - License — Insurance requirement.
Every licensee is required to carry a full line of general and public liability. In no case,
will the amounts, by line of coverage, be less than the statutory requirements for worker's
compensation; five thousand dollars per individual and one million dollars per accident
bodily injury for automotive, with a one hundred fifty thousand dollar per accident
coverage for property damage; and a general liability policy with limits of at least five
hundred thousand dollars each person and five hundred thousand dollars each accident
bodily injury liability with one hundred fifty thousand dollars each accident for property
damage.
A certificate of insurance shall be kept on file with the Village and will be updated at
least annually with submittal of an application. Insurance certificates shall name the
Village as an additional insured. Said insurance policies shall not be cancellable without
thirty days prior written notice to the Village.
8.20.220 - License — Denial of license.
Any denial, suspension or revocation of licenses shall be pursuant to the suspension,
revocation and appeal procedures set forth in Chapter 1.12.
8.20.230 - Violation — Penalties.
Any person violating the provisions of this Chapter shall be punished according to the
provisions of Chapter 1.08.
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8.20.300 - Municipal waste system — Definitions.
"Agency" means the solid waste agency of northern Cook County.
"Municipal waste system" means the waste collection, transportation and disposal system
of the municipality, pursuant to this Chapter, including all physical assets of the
municipality and licensee used for the collection, transportation and disposal of system
waste, all amounts on deposit in the municipal waste system fund and all amounts
collected on account of rates and charges imposed under this Chapter.
"Municipality" means the Village of Buffalo Grove, Illinois.
"Person" means any natural individual, firm, trust, estate, partnership, association, joint
stock company, joint venture or corporation, or a receiver, trustee, conservator or other
representative appointed by order of any court.
"Project use agreement" means the 1992 project use agreement by and between the
municipality and the agency, as amended from time to time.
"System waste" means garbage and general household waste from a residential dwelling
discarded by persons within the corporate limits of the municipality. System waste does
not include (1) institutional waste, (2) commercial and office waste, (3) industrial
lunchroom waste, (4) construction and demolition waste or (5) garbage and household
waste from a mixed use premises.
8.20.3 10 - Municipal waste system— Findings.
The municipality finds as follows:
It is necessary for and in the best interests of the municipality to regulate and control the
collection, transportation and disposal of municipal waste in the exercise of its police
power in order to protect the health, safety and welfare of its residents; and
The municipality is authorized pursuant to Article VII, Section 6 of the Illinois
Constitution and Section 11 -19 -1 et seq. of the Illinois Municipal Code, (Ch. 65, Act 5,
Section 11 -19 -1 Ill. Comp. Stat.) and Section 3.2 of the Intergovernmental Cooperative
Act, (Ch. 5, Act. 220, Section 3.2 Ill. Comp. Stat.) to provide for the method or methods
of collection, transportation and disposal of municipal waste within its corporate limits
and to provide that the method chosen may be the exclusive method to be used within the
corporate limits; and
The municipality acting pursuant to Article VII, Section 10 of the Illinois Constitution
and Section 3.2 of the Intergovernmental Cooperation Act has entered into an
intergovernmental agreement with other north and northwest suburban Cook County
municipalities, thereby creating the agency to provide an efficient and environmentally
sound municipal waste disposal system; and
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The municipality intends to enter into a project use agreement by which the agency will
acquire, construct, operate, equip and improve a municipal solid waste project to provide
for the disposal of system waste of the municipality and other members of the agency;
and
Under the project use agreement, the municipality is obligated to establish a municipal
waste disposal system, to cause system waste collected within its corporate limits to be
delivered to the agency and to make certain payments to the agency, all as described in
the project use agreement; and
It is necessary and in the best interests of the municipality to provide for the
environmentally sound and efficient collection, transportation and disposal of system
waste by creating a municipal waste system, by providing for the disposal of system
waste by delivery to the agency and to impose the rates and charges provided for herein.
8.20.320 - Municipal waste system —Use required.
All persons owning or occupying residential real estate within the corporate limits of the
municipality shall dispose of system waste through the municipal waste system. All
system waste shall be collected by or on behalf of the municipality pursuant to the terms
of this Chapter and shall be delivered to a transfer station as directed by the agency and
the municipality or as otherwise agreed to by the agency and the municipality under the
project use agreement.
No person shall dispose of system waste through the municipal waste system unless the
system waste complies with all rules and regulations applicable thereto and established
from time to time by either the municipality or the agency.
Any person disposing of system waste through the municipal waste system shall pay the
rates and charges established by the municipality.
8.20.330 - Municipal waste system— Private collectors and haulers.
No person shall collect, transport or dispose of system waste without a license issued
pursuant to this Chapter.
Any person holding a license to collect, transport or dispose of system waste shall
comply with the following obligations as a condition of that license:
Comply with all the laws, ordinances, rules and regulations pertaining to the collection,
transportation and disposal of system waste as may be enacted from time to time by any
lawful authority, including the State of Illinois, this municipality and the agency;
Deliver all system waste to the transfer station designated by the agency and the
municipality and at the direction of the municipality;
Maintain all equipment used to collect, transport and dispose of system waste in good
repair and working order and operate it efficiently and effectively;
Collect as agent for and promptly pay to the municipality all rates and charges imposed
by the municipality or agency on persons using the municipal waste system;
Maintain accurate books and records and make them available to the municipality upon
demand;
Identify, pursuant to agency rules, vehicles used to transport system waste;
Deposit with the municipality sufficient security as determined by the municipality, to
guarantee performance pursuant to the terms of this Chapter and to guarantee remittance
of the rates and charges imposed by the municipality;
To operate in a safe manner assuring to the greatest extent possible safety to the lives and
property of all municipal residents.
At time of application for any license issued under this Chapter 8.20, the applicant shall
provide to the municipality a listing of all residential customers to be served ( "customer
list ") and projected annualized waste volume for the customers. If any residential
customer is added to or deleted from the customer list, the licensee shall so notify the
municipality in writing within ten days of such change.
8.20.340 - Municipal waste system fund— Imposition of rates and charges.
There is created and established an enterprise fund of the municipality known as the
municipal waste system fund, which shall be separate and apart from all other funds and
accounts of the municipality as provided below in subsection G.
Before the beginning of each fiscal year, the Village Manager shall recommend and the
municipality shall adopt a budget for the municipal waste system. The budget shall
estimate the revenue required to (1) pay all operating and maintenance expenses of the
municipal waste system, including all obligations to the agency under the project use
agreement; (2) pay as they become due interest on and principal of any revenue bonds or
other obligations payable from the revenues of the municipal waste system; (3) provide
for all unpaid claims; and (4) maintain appropriate depreciation and reserve funds,
including reserves for uncollected charges. The budget shall estimate the amounts
available to pay those obligations from (1) taxes levied and anticipated to be collected
pursuant to law; (2) other amounts deposited in the municipal waste system fund; and (3)
rates and charges to be imposed on persons disposing of system waste through the
municipal waste system.
The rates and charges imposed for use of the municipal waste system shall be sufficient,
after taking into account moneys then on hand in the municipal waste system fund and
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the proceeds of taxes levied and to be collected which have been assigned and pledged to
the municipal waste system fund, (1) to pay all operation and maintenance expenses of
the municipal waste system, including all obligations to the agency under the terms of the
project use agreement, (2) to pay as they become due interest on and principal of any
revenue bonds or other obligations payable from revenues of the municipal waste system,
(3) to provide for all unpaid claims, and (4) to provide adequate depreciation and reserve
funds for the municipal waste system, including reserves for uncollected charges.
The municipality shall prepare and deliver a monthly bill setting forth the estimated or
actual amount of charges for use of the municipal waste system. The bill for each month
shall be paid no later than twenty days from the date of such bill. A late charge of three
percent shall be paid on all amounts due and unpaid on the due date. In the event all
amounts due, including any late charges, are not paid by the end of the month in which
they are due, interest shall be charged on all such unpaid amounts at the rate of one
percent per month or portion of a month, which interest shall accrue beginning with the
first day of the calendar month after the date due.
In addition to the right to receive a late charge and interest, the municipality reserves all
other rights and remedies it may have at law or in equity, including but not by way of
limitation, revocation of license. Election of any remedy shall not be a waiver of any
other remedy.
The owners and occupants of residential real estate within the municipality served by the
municipal waste system shall be jointly and severally liable to pay all rates and charges
imposed by the municipality pursuant to the provisions of this Chapter.
All amounts collected from rates and charges imposed under this section shall be
deposited in the municipal waste system fund, and together with all other amounts
deposited in the municipal waste system fund, shall be separate and apart from all other
moneys of the municipality, except amounts deposited in the municipal waste system
fund may be invested together with other funds of the municipality.
SECTION 2: This Ordinance shall be in full force and effect from and after its passage,
approval and publication. This Ordinance may be published in pamphlet form.
AYES: 5 - Berman, Sussman, Terson, Stein, Ottenheimer
NAYES: 0 —None
ABSENT: 1 —Trilling
PASSED: October 7 ,2013.
APPROVED: October 7 ,2013.
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PUBLISHED: October 8 , 2013.
APPROVED:
Village President
ATTEST: - q� -M.
Jan bian, Village Clerk
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