Title 8
 
HEALTH and SAFETY

Chapter 8.24
GARBAGE AND REFUSE⁶

• 8.24.010  Definitions
• 8.24.020  Approved containers
• 8.24.025  Collection required
• 8.24.026  Non-residential collection
• 8.24.027 Multiple-use collection
• 8.24.030  Collection services
• 8.24.031  Construction debris
• 8.24.040  Charges and bills
• 8.24.050  Uncovered garbage
• 8.24.055  Depositing garbage or refuse on another's property
• 8.24.060  Wind-blown dust, ashes or trash
• 8.24.070  Deposits on streets
• 8.24.080  Consent of owner
• 8.24.090  Title to wastes
• 8.24.095  Unlawful removal of recyclable materials
• 8.24.096  Unlawful damage to city recycling containers
• 8.24.097  Disposal of compostable materials
• 8.24.098  Removal of pre-paid bags or stickers
• 8.24.099  Enforcement
• 8.24.100  Penalty for violation of Chapter 8.24
• 8.24.110  Effective date

Exhibits:

• Refuse Disposal Options
• Refuse Pickup Schedule
• Exhibt C: Non-residential Collection
• Exhibit D: Non-residential Collection

8.24.010 Definitions.

As used in this chapter, the following words shall have the meanings ascribed to them as follows:

A. "Refuse" shall mean all discarded and unwanted putrescible and non-putrescible household and kitchen wastes, including, but not limited to, food, food residues, and materials necessarily used for packaging, storing, preparing, and consuming same, usually defined as "garbage"; and all combustible and non-combustible waste materials resulting from the usual routine of domestic housekeeping, including, but not limited to, aluminum and steel cans; glass containers; plastic containers; crockery and other containers; metal; paper of all types, including newspapers, books, magazines, and catalogs; boxes and cartons; cold ashes; furniture, furnishings, and fixtures; household appliances of all kinds; tires, textiles and leather; dead animals and animal waste; toys and recreational equipment; and similar items. "Live" Christmas trees shall not be considered refuse.

For the purposes of this chapter the terms "garbage", "refuse", "rubbish", "solid waste", "trash", and "waste" shall be synonymous unless otherwise more specifically defined (for example, "yard waste"). (Ord. 1995-M-26 § 1.)

B. "Recyclables" or "Recyclable Material(s)" shall mean at a minimum newsprint (ONP); aluminum cans; steel cans (tin and bi-metal), empty aerosol cans, paint cans, oversize cans; glass bottles and jars (flint, amber and green); all plastic items no larger than 3' x 2' will be collected in the curbside bin (the items do not require an identification number); no plastic containers that held motor oil, driveway sealant or other petroleum products accepted; plastic films and wraps (i.e. plastic grocery bags, baggies or food wraps) cannot be collected; all chipboard (boxboard); all corrugated cardboard (OCC and kraft paper); coated paper (magazines and catalogs); mixed paper (white ledger, color ledger, computer paper, phone books and junk mail); gable-top cartons (coated milk and juice containers); multi-layered juice boxes. (Ord. 1995-M-26 § 1.)

C. "Yard waste" (also known as "landscape waste" or "compostable material") shall mean grass clippings; leaves; branches and brush; other yard and garden trimmings; vines, garden plants and flowers; weeds; tree droppings (for example, pine cones and crabapples); and other similar organic waste materials accumulated as the result of the cultivation and maintenance of lawns, shrubbery, vines, trees, and gardens. "Live" Christmas trees shall also be considered yard waste. Sod and greenery from wreaths and garlands shall not be considered yard waste and shall be disposed of as refuse, unless the composting facility will accept it. (Ord. 1995-M-26 § 1.)

D. "Household Construction and Demolition Debris" or "Debris" shall mean waste materials from "do it yourself"-scale interior and exterior household construction, remodeling and repair projects, including, but not limited to, drywall, plywood, and paneling pieces, lumber, and other building materials; windows and doors; cabinets; carpeting; disassembled bathroom and kitchen fixtures; and small amounts of sod, earth, clay, sand, concrete, rocks, and similar materials. Such debris shall conform to the following: loose small items shall be placed in suitable disposable containers not exceeding seventy-five (75) pounds in weight, or in bundles not exceeding two (2) feet in diameter, four (4) feet in length, and seventy-five (75) pounds in weight. Materials not conforming to these requirements shall not be considered as household construction and demolition debris, and shall be disposed by the owner or generator of such materials. (Ord. 1995-M-26 § 1.)

E. "Curbside" shall mean adjacent to the street pavement, alley pavement and gutter and within five feet thereof. (Ord. 1995-M-26 § 1.)

F. "Large Household Item" (also known as "bulk item",) shall mean any discarded and unwanted large household appliances and furnishings, including, but not limited to: refrigerators, freezers, stoves, trash compactors, washers, dryers, dishwashers, furnaces, hot water heaters, air conditioners, furnaces, humidifiers, dehumidifiers, microwaves, water softeners, televisions, pianos, organs, tables, chairs, mattresses, box springs, bookcases, sofas, and similar furniture. "White goods," include those containing CFCs (chlorofluorocarbons), switches containing mercury, and PCBs (polychlorinated biphenyls). (Ord. 1995-M-26 § 1.)

G. "Disposal Unit" shall have the following meanings, as the context requires:

1. For the purposes of refuse collection, a "disposal unit" shall mean: one (1) water-tight non-corrodible reusable container with handles, no larger than thirty-two (32) gallons in capacity or fifty (50) pounds in weight; one (1) plastic or paper bag, box, carton, or other disposable container not to exceed thirty-two (32) gallons in capacity or fifty (50) pounds in weight and containing refuse or household construction and demolition debris as defined above, securely tied or closed in such a fashion so as to prevent the littering, leaking, or scattering of refuse or debris; or one (1) securely tied bundle of refuse or debris which is not placed in a container that does not exceed two (2) feet in diameter, four (4) feet in length, or fifty (50) pounds in weight. A large household item as defined above is to be considered a disposal unit.

2. For the purposes of yardwaste collection, a disposal unit shall mean one (1) biodegradable two-ply, fifty (50) pound wet-strength kraft paper bag designed for yardwaste collection not to exceed thirty-three (33) gallons in capacity or fifty (50) pounds in weight and containing yardwaste as defined above.

(Ord. 2002-M-59 § 1; Ord. 1999-M-44 § 1; Ord. 1995-M-26 § 1; Ord. 1994-M-34 § 1; Ord. 1993-M-13 § 1.)

A. Types of approved containers.

1. Containers to be used for the collection of refuse shall be:

a. Pre-paid disposable refuse bags, exclusively supplied by the City's residential refuse hauler, bearing a logo as depicted in Exhibit A, not less than 1.4 mil gauge plastic, and not exceeding a total weight when filled of fifty (50) pounds; or

b. Tightly covered containers made of non-corrodible materials which are water-tight, do not exceed thirty-two (32) gallons in capacity and do not exceed a total weight when filled of fifty (50) pounds must be lined with a pre-paid refuse bag or have a prepaid refuse sticker or bag looped through the handle of the container. Said containers shall have secure handles for lifting and carrying; or

c. Ninety (90) or sixty (60) gallon mobile toters provided exclusively by the City's contracted residential refuse hauler, clearly marked "Refuse Only."

2. Containers to be used for the collection of yardwaste shall be:

a. Pre-paid disposable yardwaste bags, constructed of natural Kraft paper, clearly marked with the City logo and "Yardwaste Only" and exclusively supplied by the City's contracted residential refuse hauler; or

b. Generic disposable yardwaste bags, constructed of natural Kraft paper, with one (1) refuse sticker securely affixed; or

c. Ninety (90) or sixty (60) gallon mobile toters, clearly marked for "Yardwaste Only" provided exclusively by the City's contracted refuse hauler.

3. Containers to be used for the collection of recyclable materials ("Recycle Bins") shall be made of non-corrodible, recycled materials, and shall be made available through the City at cost, and through the City's contracted residential refuse hauler, one per newly constructed household, at no charge to the resident.

B. Disposal in containers required

For single-family dwellings and multi-family dwelling units, it is unlawful to dispose of any recyclable material, garbage and rubbish or compostable material anywhere in the city except through placement of such material in the types of approved containers described in Sec. 8.24.020(A), and placed for collection as herein prescribed. The fee for such collection at single-family and multi-family dwelling units shall be such as is set from time to time by the city council. For commercial, industrial, school and other nonresidential establishments, it is unlawful to dispose of any garbage, refuse, compostable material, or recyclable material anywhere in the city except in an incinerator or disposal device, properly constructed and operated by a lawfully established garbage or refuse pickup service.

C. Commingling prohibited

No compostable material or garbage and rubbish (other than recyclable material) shall be placed in any recycling bin. No garbage and rubbish or recyclable material shall be placed in any containers designated for compostable materials (as defined in Section 8.24.020(2).

D. Replacement of recycling bins

Any damage to or loss of recycling bins shall be reported to the St. Charles Police Department by the primary user of the recycling bins or by the person responsible for the damage or loss within 24 hours of the damage or loss. The cost to repair or replace recycling bins damaged or lost due to negligence shall be borne by the person responsible for the damage or loss.

E. Title to containers

All recycling bins and toters shall remain the property of the City and the City's refuse contractor, respectively, and shall not be removed from the property on which the dwelling unit is located without the written consent of the Director of Public Works or his designee.

(Ord. 1999-M-44 § 1; Ord. 1995-M-25 § 1; Ord. 1994-M-34 § 2; Ord. 1993-M-13 § 2)

Every person owning or in possession of any dwelling or occupied structure in the city shall collect and dispose of garbage and refuse and recyclable material regularly and systematically at least once every fourteen days in the manner provided in this chapter. (Ord. 1990-M-10 § 1)

A. General requirements. All owners and occupiers of non-residential structures in the City shall collect and dispose accumulations of garbage and refuse, recyclable material and compostable material regularly and systematically, at least once every fourteen days, by a refuse collector licensed by the City pursuant to Chapter 5.32.011 of the St. Charles Municipal Code. Containers to be used for the collection of garbage and refuse from non-residential premises shall be tightly covered metal or other non-corrodible, watertight containers. All hotels, motels, restaurants, industrial categories, hospitals, food take-out and catering kitchens, food stands, schools, churches, convents, grocery and meat markets, and all other establishments having disposable garbage, refuse and recyclables shall store such garbage, refuse and recyclables in containers with covers of suitable size until the designated pickup days. Mobile garbage and refuse containers required to be left at curbside shall be placed at curbside no earlier than 5:00 p.m. on the day preceding the day on which collection is scheduled, and shall be removed from curbside no later than 5:00 p.m. on the day of collection.

B. Grease.  Property owners and tenants in the service area shown in Exhibit C and generally described as Lot 3 and Lot 13 in Phase 2 of First Street Redevelopment Subdivision, and including Lots 1, 2, and 5, in Block 39 of the Original Town of St. Charles, and including Lots 3 and 4 in said Block 39 lying north of the northerly line of said Lot 13, and including Lot 6 in said Block 39 lying west of the westerly line of said Lot 13, except those portions of said Lots 1 and 4 dedicated for right of way purposes, in the City of St. Charles, Kane County Illinois, shall deposit all grease in approved containers designated by the City.  Property owners and tenants shall pay to the City the scavenger’s pickup fee in accordance with terms and conditions of the City contract with the licensed scavenger.  Deposit of grease materials on the ground or in unapproved containers is expressly prohibited.

C. Refuse.  Property owners and tenants in the service area shown in Exhibit D and generally described as Lots 1, 2, 3, 4, and 5, in Block 39 of the Original Town of St. Charles; except the southerly 12 feet of the easterly 21 feet of said Lot 2; and except the southerly 22 feet of said Lot 4; and except that portion of said Lot 3 described as follows:  Commencing at the southwest corner of said Lot 3, thence easterly along the south line of said Lot 3, 22 feet for a Point of Beginning; thence northerly parallel with the west line of said Lot 3, 28 feet; thence easterly parallel with the said south line, 22 feet; thence southerly parallel with the said west line, 8 feet; thence easterly parallel with the said south line, 22 feet to the east line of said Lot 3, thence southerly along the said east line, 22 feet to the southeast corner of said Lot 3; thence westerly along the said south line to the Point of Beginning; and except those portions of said Lots 1 and 4 dedicated for right of way purposes, in the City of St. Charles, Kane County Illinois, shall deposit all garbage, refuse, and recyclables in approved containers designated by the City.  Property owners and tenants shall pay to the City the scavenger’s pickup fee in accordance with terms and conditions of the City contract with the licensed scavenger.  Deposit of garbage, refuse or recyclable materials on the ground or in unapproved containers is expressly prohibited.  In addition, the following sections shall apply to all non-residential premises:  Section 8.24.010 (“Definitions”); Section 8.24.050 (“Uncovered garbage”); Section 8.24.055 (“Depositing garbage and refuse on another’s property”); Section 8.24.060 (“Windblown dust, ashes, or trash”); Section 8.24.070 (“Deposit on streets”); Section 8.24.080 (“Consent of owner”); Section 8.24.090 (“Title of wastes”); Section 8.24.099 (“Enforcement”); Section 8.24.100 (“Penalty for violation of Chapter 8.24”).

(Ord. 2008-M-36 § 2; Ord. 2002-M-94 § 1; Ord. 1990-M-10 § 1.)

8.24.027 Multiple-use Collection

1. General requirements.  For the purposes of this Chapter, the term "Multiple-Use Structure" shall mean all structures containing a mixture of residential and another zoning use or uses.  All property owners and occupiers of Multiple-Use Structures in the City shall collect and dispose of all accumulations of garbage and refuse, recyclable material and compostable material regularly and systematically, at least one every fourteen (14) days and otherwise in accordance with this Section 8.24.027.  Containers to be used for the collection of garbage and refuse from Multiple-Use Structures shall be tightly covered metal or other non-corrodible, watertight containers.
        
2. Service areas.  For the purposes of this Chapter, the term "Service Area" or "Service Areas" shall mean:
   1. Generally located at Milestone Row – North, as shown in Exhibit E and generally described as Lot 16 in Brownstone Subdivision according to the plat thereof recorded as Document Number 2001K000149, excluding that part of said Lot 16 dedicated for right of way purposes by Document Number 2005K115547 and including that part of Limestone Drive vacated by Document Number 2005K093278, in the City of St. Charles, Kane County, Illinois.
   2. Generally located at S. 1st Street and Cobblestone Drive, as shown in Exhibit F and generally described as Lot 8 in Phase 1 of First Street Redevelopment Subdivision according to the plat thereof recorded as Document Number 2007K035551, in the City of St. Charles, Kane County, Illinois.
3. Grease.  Property owners and occupiers of Multiple-Use Structures within the Service Areas shall deposit all grease in approved containers designated by the City.  Said Property owners and occupiers shall pay to the City the scavenger’s pickup fee in accordance with the terms and conditions of the City contract with the licensed scavenger.  Deposit of grease materials on the ground or in unapproved containers is expressly prohibited.
4. Refuse.  Property owners and occupiers of Multiple-Use Structures within the Service Areas shall deposit all garbage, refuse, and recyclables in approved containers designated by the City.  Said owners and occupiers shall pay to the City the scavenger’s pickup fee in accordance with terms and conditions of the City contract with the licensed scavenger.  Deposit of garbage, refuse or recyclable materials on the ground or in unapproved containers is expressly prohibited.

(Ord. 2008-M-64 § 1.)

8.24.030 Collection services.

A. Location for pickup

1. Dwellings of 6 or less units:

a. All single-family dwellings and multi-family dwellings comprised of six (6) or less units (not in a complex of more than six total units) shall be picked up at the curbside, unless otherwise authorized by the Director of Public Works or his designee.

b. All containers shall be placed in a manner readily accessible for collection immediately behind the curb (i.e., on the parkway) at the street or at the alley lot line, no earlier than 7:00 p.m. on the day preceding the day on which collection is scheduled. Empty containers shall be removed from the curb no later than 7:00 p.m. on the day of collection.

2. Dwellings of six or more units:

All multi-family dwellings comprised of six (6) or more units shall be provided a common garbage refuse container, and a recyclable materials container (dumpster, toter or recycling bin as designated by the Director of Public Works or his designee).

B. Routes and schedules

The routes and schedules for collection of refuse and recyclable materials shall be depicted in Exhibit B, dated April 21, 2003.

(Ord. 2003-M-36 § 1;Ord. 1999-M-44 § 1; Ord. 1994-M-34 § 3; Ord. 1993-M-26 § 1; Ord. 1993-M-13 § 3)

Home remodeling, construction and/or repair materials which comprise more than two cubic yards by volume shall be disposed of by the property owner or occupant of the premises making arrangements with any scavenger service licensed by the city, with the costs borne by the property owner or occupant as the case may be. (Ord. 1990-M-10 § 1.)

A. The charge for collection of each disposal unit or large household item for a non-multifamily dwelling, as defined herein, shall be assessed upon the purchase of a designated bag or sticker, or rental of designated toter. Said designated bags or stickers may be purchased from various retail outlets throughout the City, and designated toters may be rented directly from the contractor at the prices set forth in Section 8.24.040(B) hereof.

B. The charges for garbage and rubbish, yardwaste and recyclable material collection service within the corporate limits of the City shall be as follows:

Single-Family

Multi-Family

C. One pre-paid sticker or bag shall be securely and visibly attached to each large household item placed out for collection.

E. Late payments shall include an additional ten (10%) percent charge.

(Ord. 2005-M-33 § 1; Ord. 2003-M-36 § 2; Ord. 2002-M-59 § 3; Ord. 1999-M-44 § 1; Ord. 1998-M-77 § 1; Ord. 1997-M-39 § 1; Ord. 1997-M-39 § 1; Ord. 1996-M-42 § 1; Ord. 1995-M-29 § 1; Ord. 1994-M-34 § 4; Ord. 1994-M-20 § 1; Ord. 1993-M-26 § 2; Ord. 1993-M-13 § 4; Ord. 1992-M-28 § 1; Ord. 1991-M-50 § 1; Ord. 1991-M-42 § 1; Ord. 1991-M-23 § 1; Ord. 1989-M-86 § 1.)

It is unlawful to place or permit to remain anywhere in the city any garbage, or other material subject to decay other than leaves or grass, and other than recyclable material placed in a recycling bin, excepting in a tightly covered container. (Ord. 1989-M-86 § 1.)

It shall be unlawful for any person to deposit his garbage or refuse, compostable materials or recyclable materials, or his garbage containers, upon the property of another, or on public rights of way or public property, without the consent of the owner, for the purposes of having such garbage or refuse picked up by a scavenger. (Ord. 1990-M-10 § 1; Ord. 1989-M-86 § 1.)

It is unlawful to cause or permit to accumulate, except in a covered container, any dust, ashes, or trash or such material that can be blown away by the wind anywhere in the city. (1989-M-86 § 1.)

It is unlawful to deposit or permit to fall from any vehicle any garbage, refuse compostable material or ashes on any public street or alley in the city; provided that this section shall not be construed to prohibit placing garbage and rubbish, recyclable material and compostable material as herein defined in a container complying with the provisions of this chapter preparatory to having such garbage, rubbish, recyclable material and compostable material collected and disposed of in the manner provided in Section 8.24.030. (Ord. 1989-M-86 § 1.)

It is unlawful to dump or place any garbage, refuse compostable material or ashes on any premises in the city without the consent of the owner of such premises. (Ord. 1989-M-86 § 1.)

All garbage, rubbish, compostable and recyclable materials collected in accordance with the terms hereof shall become and be the property of the contractor as soon as the same is picked up or otherwise placed in the contractor's vehicle. (Ord. 1989-M-86 § 1.)

It shall be unlawful for any person, firm or corporation, except a refuse collector contracting with the city, to remove any item of recyclable material including newspaper, aluminum or bimetal cans, glass bottles or plastic milk containers placed in or adjacent to city recycling containers. (Ord. 1989-M-86 § 1.)

Except as authorized by the City Council, it shall be unlawful for any person, firm or corporation to remove from a residential premises at which it is located, or to damage any city recycling container. (Ord. 1989-M-86 § 1.)

Compostable materials shall not be commingled with garbage and refuse or with recyclable materials, but shall be disposed of in compliance with state law. (Ord. 1989-M-86 § 1.)

Any person other than the city's contracted refuse hauler who takes furniture, appliances or other items left for collection from curbside shall remove any pre-paid bags or stickers from said items, and leave the bags or stickers at the dwelling unit from which the items were left for collection. (Ord. 1989-M-86 § 1.)

Any garbage and rubbish, compostable material or recyclable material left on private or public property in violation of any of the provisions of this chapter is deemed a potential public health and safety hazard. City may remove, or cause to be removed, any such garbage and rubbish, compostable material or recyclable material, and recover the reasonable costs of removal from the owner of the real estate or other responsible party in accordance with 65 ILCS 5/11-20-13. (Ord. 1996-M-53 § 18; Ord. 1990-M-10 § 1; Ord. 1989-M-86 § 1.)

The person, firm or corporation violating any provision of this chapter shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which the violation occurs or continues. (Ord. 1989-M-86 § 1.)

This ordinance shall become effective no sooner than October 1, 1989. (Ord. 1989-M-86 § 1.