O-14-06VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -14 -6
AN ORDINANCE AMENDING ARTICLE 11 ( "SCAVENGERS ") OF
CHAPTER 7 (`BUSINESSES ") OF THE MUNICIPAL CODE OF THE
OF THE VILLAGE OF DEERFIELD TO LICENSE AND REGULATE
COMMERCIAL WASTE COLLECTION FRANCHISEES
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
3rd day of March 2014.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
--3tdday of March 2014.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. p_74_6
AN ORDINANCE AMENDING ARTICLE 11 ( "SCAVENGERS ") OF
CHAPTER 7 ( "BUSINESSES ") OF THE MUNICIPAL CODE OF THE
OF THE VILLAGE OF DEERFIELD TO LICENSE AND REGULATE
COMMERCIAL WASTE COLLECTION FRANCHISES
WHEREAS, the Village of Deerfield is authorized pursuant to Section 11 -19 -1 of the
Illinois Municipal Code (65 1LCS 5111 -19 -1) to award a franchise in the manner provided by
Section I I -19 -1 to a private entity for the collection of waste from all non - residential locations
within the Village; and
WHEREAS, the corporate authorities of the Village of Deerfield have completed the
notice, public hearing and RFP process for the award of a franchise to a private entity for the
collection of waste from non - residential locations within the Village as provided in Section
I I -19 -1 of the Illinois Municipal Code; and
WHEREAS, the corporate authorities of the Village of Deerfield have awarded a
franchise to Lakeshore Recycling Systems, Inc. effective as of May 1, 2015 to be the exclusive
provider of commercial solid waste collection, transportation and disposal services, including
collection of recyclable materials for processing and resource recovery, from all commercial,
industrial and institutional customers within the corporate limits of the Village of Deerfield
which comprises the commercial franchise territory; and
WHEREAS, all municipal solid waste and recyclable waste contractors that engage in
the business of collecting, removing and disposing of garbage, refuse and other waste within the
Village of Deerfield are required to be licensed pursuant to the provisions of Article 11
( "Scavengers ") of Chapter 7 ( "Businesses ") of the Municipal Code of the Village of Deerfield;
and
WHEREAS, it is in the public interest that commercial, industrial or institutional
customers within the franchise territory be able to contract with other licensed scavengers to
obtain certain specialty or private waste collection and disposal services that are not within the
scope of the commercial waste franchise awarded by the Village, or to obtain commercial solid
waste collection, transportation and disposal services from a licensed scavenger other than the
Village's commercial waste franchisee if conditions exist that would create an unreasonable
hardship for the customer to be served by the Village's franchised commercial waste scavenger;
WHEREAS, the corporate authorities of the Village of Deerfield have determined that
Article 1 I ( "Scavengers ") of Chapter 7 ( "Businesses ") of the Municipal Code of the Village of
Deerfield should be amended to provide for the award of an exclusive franchise for the provision
of commercial solid waste collection, transportation and disposal services, including collection
or recyclable materials for processing and resource recovery, from all commercial, industrial and
institutional customers within the corporate limits of the Village of Deerfield, and
WHEREAS, the corporate authorities of the Village of Deerfield have determined that
Article 1 I ( "Scavengers ") of Chapter 7 ( "Businesses ") of the Municipal Code of the Village of
Deerfield should be further amended as provided herein to establish standards and criteria under
which individual commercial, industrial and institutional customers may secure an exemption
from taking and paying for commercial solid waste collection, transportation and disposal
services service from the Village commercial waste franchisee;
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NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That the above and foregoing recitals, being material to this Ordinance, are
hereby incorporated and made a part of this Ordinance as if fully set forth herein.
SECTION 2: That Section 7 -67 of Article 11 ( "Scavengers ") of Chapter 7
( "Businesses ") of the Municipal Code of the Village of Deerfield, as amended, is repealed in its
entirety and is replaced with the following:
Sec. 7 -67. Definitions. Whenever used in this Article, the following terms
shall have the following meanings unless a different meaning is required by the
context:
Commercial Materials means Municipal Waste, Recyclable Materials, Landscape
Waste, Organic Material and any other similar materials.
Commercial Service means the provision of commercial materials collection,
transportation and disposal (or sale) service to one or more commercial, industrial
or institutional entities that generate commercial materials waste for collection
and disposal within the franchise territory.
Commercial Customer means an individual residential, commercial, industrial or
institutional entity that generates commercial materials waste for collection,
transportation and disposal or sale within the franchise territory, and that is not
exempted from the franchised scavenger's materials waste service under this
Article for some or all of its commercial materials waste collection and disposal
requirements.
Commercial Franchise means an exclusive franchise license issued by the Village
to not more than one (1) scavenger to provide Commercial Service to Commercial
Customers with the franchise territory commencing not earlier than May 1, 2015.
Commercial Franchisee means the scavenger that has been issued a commercial
franchise to provide Commercial Service to Commercial Customers in accordance
with a commercial franchise agreement and this Article.
Franchise Territory means all territory within the corporate limits of the Village
of Deerfield.
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Landscape Waste means all accumulations of grass or shrubbery cuttings, leaves,
tree limbs aquatic weeds, and other material accumulated as the result of the care
of lawns, shrubbery, vines and trees, and as otherwise described at 415 ILCS
5/3.270.
Municipal Waste means garbage, refuse, industrial, lunchroom or other waste, and
other material described at 415 ILCS 5/3.290 resulting from operation of
residential, municipal, commercial or institutional establishments and from
community activities; provided, however, that "Municipal Waste" shall not
include Recyclable Materials or Organic Material.
Organic Material means food scraps as described at 415 ILCS 5/3.197, and
Landscape Waste as defined herein.
Private Service means the provision of refuse and waste collection, transportation
and disposal services to individual commercial, industrial or institutional entities
that is not included within the scope of the exclusive commercial franchise
awarded to the commercial franchisee.
Recyclable Materials means aluminum cans, tin, steel and bi -metal cans; clear,
green and brown glass bottles and jars; newspapers, magazines, and mixed papers
dunk mail, chipboard, white and colored paper, brown kraft paper bags);
corrugated cardboard, #1 PETE plastic containers and #2 HPDE plastic
containers, #345 plastic containers and bags, aseptic beverage containers,
six -pack rings and twelve -pack bands, organic material, and any other material or
materials which the Village and Contractor mutually identify as a "Recyclable
Material" subsequent to the execution of this Agreement, pursuant to Section
8.1(d) of this Agreement.
State means the State of Illinois.
SWALCO means the Solid Waste Agency of Lake County.
SECTION 3: That Section 7 -68 of Article I I ( "Scavengers ") of Chapter 7
( "Businesses ") of the Municipal Code of the Village of Deerfield, as amended, is repealed in its
entirety and is replaced with the following:
See. 7 -68. License Required; Commercial Franchise; Residential Scavenger
Contracts.
(a) No person shall engage in the business of collecting, removing or disposing of
municipal waste, landscape waste, organic material waste, recyclable materials waste,
garbage, refuse, or miscellaneous waste in the village without first having secured a
license therefor pursuant to this Article.
me
(b) The village may from time to time enter into a contract with and license a scavenger
to provide collection and removal service to some or all residential units within the
village for the price and under the terms and conditions contained in the contract. In the
event the village so contracts with a scavenger, no more than one residential scavenger
license shall be issued at any one time to provide refuse and waste collection and removal
service to such residential units, and that license shall be issued to the village's
contractor. The fee for such residential scavenger license shall be as established from
time to time by the board of trustees.
(c) The village may from time to time enter into a contract with and issue an exclusive
commercial franchise to a scavenger to provide commercial service to all commercial
customers within the village for the price and under the terms and conditions contained in
the commercial franchise agreement. In the event the village so contracts with a
scavenger, no more than one exclusive commercial service scavenger license shall be
issued at any one time and that license shall be issued to the village's franchised
commercial services contractor. Except for private services, and except as provided in
Section 7 -68(e) of this Code, the commercial franchisee shall provide commercial
services to all commercial customers within the franchise territory in accordance with the
commercial franchise agreement between the Village and the franchisee.
(d) A commercial franchisee shall not provide collection and removal service to any
residential units or buildings within the village without first receiving a residential
scavenger license.
(e) Notwithstanding any provision of this Article to the contrary, a commercial franchisee
shall not provide commercial services to any commercial customer for which an
exemption has been granted by the Village Manager in accordance with the following:
Any person or legal entity occupying any commercial building may file a
written request with the Village Manager for an exemption from service from
the commercial franchisee. The request should be accompanied by appropriate
documentation specifying and demonstrating the circumstances that necessitate
the exemption, which may include, without limitation:
The requester's business is subject to a corporate contract for multi -unit
scavenger services, the provisions of which are outside the requestor's
control;
ii. The requestor is subject to a written and binding contract with a scavenger
previously licensed by the Village, which contract was effective prior to
January 1, 2014. if the exemption is granted in connection with this
section, the exemption shall terminate upon the expiration of the
requestor's contract.
iii. The requestor's business requires a specialized solid waste or recycling
service that the commercial franchisee is unable to provide; or
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iv. An exceptional hardship is demonstrated, which may also include
comprehensive recycling service being provided through their current
scavenger contract.
2. Within thirty (30) days after receipt of a request for an exemption, the Village
Manager shall either grant or deny the exemption, in the Village Manager's sole
and absolute discretion.
3. Any person or entity to whom an exemption has been granted shall obtain
commercial services only from a scavenger that is licensed by the Village
pursuant to this Article.
4. Any person or entity denied an exemption under these provisions may appeal the
denial in writing to the Village Board within ten (10) days after the date of the
Village Manager's written denial.
SECTION 4: That Section 7 -69 of Article 1 I ( "Scavengers ") of Chapter 7
( "Businesses ") of the Municipal Code of the Village of Deerfield, as amended, is hereby
repealed in its entirety and is replaced with the following:
Sec. 7 -69. Application Requirements; License or Permit Fees.
(a) Applications for commercial and industrial scavenger licenses shall be made to the
village manager.
(b) Each application shall be accompanied by the following:
(1) A list of communities presently served by the applicant.
(2) Satisfactory evidence of the availability to the applicant for the full license
period of a sanitary landfill site at which all refuse collected in and removed from
the village may be disposed of and evidence that such landfill is operating in
accordance with all applicable state, county and local regulations.
(3) A list of the equipment to be used to render the service in the event a license is
issued indicating the make, year, size and condition of each vehicle.
(c) Licenses for commercial and industrial scavengers shall be issued in accordance with
and shall be governed by this Article. (The terms "garbage ", "refuse ", "garden waste" and
"miscellaneous waste" shall be construed and have the same meaning as set forth in
Chapter 12 of this Code.)
0
SECTION 5: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 6: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 3rd day of_ March 2014.
AYES: Benton, Farkas, Jester, Nadler, Struthers
NAYS: None
ABSENT: Sei den
ABSTAIN: None
APPROVED this day of
ATTEST:
Village Clerk
7-
2014.
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