[Adopted 1-13-2014 by Ord. No. 2014-01]
As used in this article, the following terms shall have the
meanings indicated:
Any person, firm, or corporation in the business of collecting
and disposing of garbage, refuse, or recyclable materials from nonresidential
premises within the Village.
It is unlawful for any hauling contractor to collect garbage
refuse or recyclable materials from nonresidential premises within
the Village unless that hauling contractor has a contract with the
Village for such services and has been issued a Village license pursuant
to this article.
It shall be unlawful for any hauling contractor to engage in
the business of collection or disposal of garbage, refuse, ashes,
or other waste (collectively, "solid waste") or recyclable materials
from nonresidential premises within the Village without first obtaining
a license therefor from the Village and paying the required fee. After
May 1, 2015, no license shall be issued except to a hauling contractor
with whom the Village has entered into a contract for such waste hauling
and/or recycling services.
[Amended 5-22-2017 by Ord. No. 2017-12]
The annual license fee shall be set forth in the Bannockburn
Fee Schedule unless other compensation is agreed to as part of a waste
hauling agreement approved by the Village Board of Trustees.
A response to any request for proposal issued by the Village
shall also be deemed an application for licenses pursuant to this
article. All such applications shall be maintained on file with the
Village Clerk.
Any hauling contractor licensed to provide nonresidential waste
hauling and/or recycling services shall comply with the licensing
and service standards set forth in its contract with the Village.
For purposes of any hauling contractor that does not have a contract
with the Village, the performance standards set forth in the contract
attached hereto as Exhibit A shall be deemed the license standards
in this article.[1] Notwithstanding any license issued to a hauling contractor
for the collection of solid waste and/or recyclable materials from
nonresidential premises within the Village, after May 1, 2015, such
license shall be of no force or effect except to the extent that such
hauling contractor has a valid contract with the Village to provide
such collection services.
[1]
Editor's Note: Exhibit A is on file in the Village offices.
The Village may enter into an exclusive contract for the collection
of solid waste and/or recyclable materials from nonresidential premises
within the Village. Notwithstanding any exclusive contract that the
Village may enter into for the collection of solid waste and/or recyclable
materials from nonresidential premises within the Village, a nonresidential
customer may petition the Village Board to be released from the services
of any such exclusive hauling contractor, and the Village Board may
grant such petition, provided that the customer establishes to the
reasonable satisfaction of the Village Board that either:
Nothing in this article shall prevent a hauling contractor from obtaining a temporary permit from the Village Manager for the purpose of collecting and removing construction debris in connection with a building or demolition permit issued for a particular nonresidential property. Any temporary permit issued hereunder shall be subject to insurance, indemnity, and performance standards comparable to those provided for in any contract referenced in § 190-29 of this article, and such standards may be incorporated as specific conditions of and applying to any such temporary permit.
A.
Any hauling contractor or other person, firm, or corporation who or which violates this article shall be subject to penalties as set forth in Chapter 1, Article II, of the Village Code. Each instance where a hauling contractor or other person, firm, or corporation collects garbage, refuse, or recyclable materials from any nonresidential premises within the Village on a particular day shall be deemed a separate violation.
[Amended 5-22-2017 by Ord. No. 2017-12]
B.
Any violation of any provision of this article shall be grounds for
the immediate revocation of any license issued pursuant to this article
and the imposition of any other penalties provided by this article.
