[HISTORY: Adopted by the County Board of Stephenson County as indicated in article histories. Amendments noted where applicable.]
Article I Garbage, Rubbish and Refuse
[Adopted 9-9-1975 (Ch. 13, Art. II, of the 1977 Code)]
[Added 8-11-2016 by Ord. No. 16-08-1449]
As used in this article, the following terms shall have the meanings indicated:
- To amass, gather, pick up or collect.
- BASIC HOUSEHOLD SERVICES
- Services furnished to households by garbage collectors, including collection and disposal of contained garbage and recyclables on a regular basis.
- BULKY WASTE
- Rubbish such as stoves, refrigerators, water heaters, washing machines, white goods, furniture and waste materials other than construction waste, dead animals, hazardous waste or stable matter with weights or volumes greater than those permitted for containers.
- CATEGORY I GARBAGE
- As used in this article, refers to putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, sale or consumption of food. This category also includes any materials which contribute to the harbor of disease-carrying vectors. This also includes dead animal carcasses, the disposition of which is not otherwise provided for by law. Category does not include human or animal excreta.
- CATEGORY II GARBAGE
- All nonputrescible solid wastes consisting of both combustible and noncombustible waste, including, but not limited to, paper products, plastics, glass, cardboard, metal, wood, leather, vehicle parts (including tires), construction waste, household waste, landscape waste, and bulky waste, the disposition of which is not otherwise provided for by law. Category does not include human or animal excreta.
- A person or firm collecting garbage within Stephenson County.
- COMMERCIAL, MULTIFAMILY AND AGRICULTURAL WASTE
- Waste that normally results from the operation of business, industries, multifamily dwellings of more than six units and farm operations, including wastes generated by single-family dwellings attached to a commercial farming operation. This does not include hazardous or yard wastes.
- CONSTRUCTION WASTE
- Refuse or debris generated at a construction site, including waste resulting from construction, remodeling, repair, renovation and demolition operations.
- Plastic sacks, paper sacks or receptacles designed to store household waste with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of bag and its contents shall not exceed 50 pounds.
- HAZARDOUS WASTE
- Waste that is toxic, corrosive, dangerously flammable, explosive or otherwise, which, because of its characteristics, poses a substantial hazard to human health or the environment when improperly stored or disposed of, including, but not limited to, gasoline, oil, batteries, petroleum products, pathological waste, pesticides or pesticide containers, paints, paint thinner, lead, and radioactive materials.
- HOUSEHOLD WASTE PRODUCER
- Occupants of a residential dwelling unit who generate household waste and/or recyclable material.
- LANDSCAPE WASTE
- Leaves, grass, tree limbs, shrubbery cuttings, and other materials accumulated as the result of the care of lawns, shrubbery, vines and trees.
- RESIDENTIAL DWELLING UNIT
- Any single- or multifamily dwelling of six or fewer attached units within unincorporated Stephenson County. However, dwellings attached to a commercial farming operation and occupied by those engaged in farming shall not be considered a residential dwelling unit.
- RESIDENTIAL HOUSEHOLD WASTE
- Household waste generated by a producer at a residential dwelling unit.
Editor's Note: Former § 346-1, Definitions, as amended, was repealed 3-14-2013 by Ord. No. 13-03-1963.
[Amended 8-14-1990 by Ord. No. 90-08-157; 1-14-1992 by Ord. No. 92-01-172; 8-14-2002 by Ord. No. 02-16-264]
It shall be unlawful to dispose of or accumulate Category I and Category II garbage, or to permit or suffer the same to be done within Stephenson County, except for:
The disposal of approved materials in a sanitary landfill operating under a valid permit from the Illinois Environmental Protection Agency;
The disposal or accumulation of garbage upon the premises on which it originates, provided such disposal does not constitute a nuisance to neighboring public or private properties.
Any garbage or waste of any category shall be disposed of according to law, and it is the responsibility of the originator of that garbage or waste to ensure that it is properly stored and collected by an appropriate and lawful disposer. It is further the responsibility and obligation of any person engaged in the business of or transporting garbage or waste materials for hire or as a gratuity to ensure that the waste materials and garbage are properly disposed of according to law.
In the case of any material constituting Category I and Category II garbage which is found abandoned at a location other than as properly prescribed by law, all persons from the originating point of the waste stream to that point at which it is found illegally disposed shall be individually and severally liable for the costs of removal and cleanup and also be subject to penalties as set forth in Chapter 1, General Provisions, Article II, Penalties, § 1-11, for each day the material was illegally abandoned. A person upon whose property the garbage or waste was dumped shall not be liable if the garbage or waste was dumped there without the actual or constructive knowledge of the property owner or his agents or lessees.
[Amended 8-10-2011 by Res. No. 11-08-1821]
It shall be unlawful for producers to place hazardous waste out for collection, or to dispose of it in any other manner than approved by law. It shall also be unlawful for collectors to accept for collection any hazardous waste.
[Amended 1-14-1992 by Ord. No. 92-01-172]
Garbage shall be placed in containers so as not to contribute to odor, insect, or rodent nuisances. The container shall not become a nuisance.
Recyclable materials stored for pickup by a garbage collector shall be placed in a location and in a manner specified by the collector. Once recycling containers have been set at the designated collection point, it shall be unlawful for persons, firms or corporations to remove any recyclable material set out or aside for collection. The penalty upon conviction of violating this subsection shall be as set forth in Chapter 1, General Provisions, Article II, Penalties, § 1-11, for each occurrence of such scavenging.
[Amended 8-10-2011 by Res. No. 11-08-1821; 3-14-2013 by Ord. No. 13-03-1963]
Editor's Note: Former § 346-4, Frequency of collection; containers, as amended, was repealed 3-14-2013 by Ord. No. 13-03-1963.
[Amended by Ord. No. 88-06-124; 8-10-2011 by Res. No. 11-08-1821; 3-14-2013 by Ord. No. 13-03-1963]
The following disposal requirements apply:
Category I garbage. Category I garbage shall be disposed of in a sanitary landfill or otherwise according to law, at least every 36 hours, exclusive of times when the landfill is closed. The 36 hours is deemed to start running from the time of first pickup by hauling vehicle of category I garbage.
Category II garbage. Category II garbage shall be disposed of in the sanitary landfill or otherwise according to law, at least once a week from the time of the first pickup by hauling vehicle provided the sanitary landfill accepts the category II garbage being hauled. Category II garbage shall otherwise be disposed of according to law.
Editor's Note: Former § 346-6, Vehicles used for hauling garbage, as amended, was repealed 3-14-2013 by Ord. No. 13-03-1963.
Editor's Note: Former § 346-7, Collection permits, as amended, was repealed 3-14-2013 by Ord. No. 13-03-1963.
Editor's Note: Former § 346-8, Enforcement and penalty; statistics, as amended, was repealed 3-14-2013 by Ord. No. 13-03-1963.
Editor's Note: Former § 346-9, Collector requirements, as amended, was repealed 3-14-2013 by Ord. No. 13-03-1963. This ordinance also repealed former Art. II, Recycling Containers, adopted 8-11-1992 by Ord. No. 92-08-180 (Ch. 13, Art. II, § 13-20.1, of the 1977 Code), which immediately followed this section.