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Public Act 098-1079
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| HB5666 Enrolled | LRB098 20243 MGM 55609 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Solid |
Waste Hauling and Recycling Program Act.
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Section 5. Definitions. As used in this Act, unless the |
context clearly indicates otherwise: |
"County" means a county in Illinois having a population of |
3,000,000 or more, and any county that is contiguous to that |
county.
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"Hauler" means any person who engages in the business of |
collecting or hauling garbage, municipal waste, recyclable |
material, landscape waste, brush, or other refuse on a |
continuous and regular basis, and makes multiple scheduled |
collections per month within a county.
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"Landscape waste" means all accumulations of grass or |
shrubbery cuttings, leaves, tree limbs, and other materials |
accumulated as the result of the care of lawns, shrubbery, |
vines, and trees.
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"Municipal waste" means garbage, general household |
institutional and commercial waste, industrial lunchroom or |
office waste, and landscape waste.
"Municipal waste" also |
includes "garbage", "refuse", and "ashes", as those terms are |
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defined in Section 11-19-2 of the Municipal Code. |
"Municipality" means a municipality, as defined in Section |
1 of Article VII of the Illinois Constitution, that is located |
either partially or wholly within the boundaries of a county as |
defined in this Section.
"Municipality" does not include a |
municipality with a population of 2,000,000 or more. |
"Person" means any business, public or private |
corporation, partnership, association, government agency, |
municipality, unit of local government, or other legal entity.
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"Recycling" means a method, technique, or process designed |
to remove any contaminant from waste so as to render that waste |
reusable, or any process by which materials that would |
otherwise be disposed of or discarded are collected, separated, |
or processed and returned to the economic mainstream in the |
form of raw materials or products.
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"Recyclable material" means material that is separated |
from municipal waste for the purpose of recycling, including, |
but not limited to, ferrous metal cans, aluminum containers, |
glass, plastics including HDPE or PET containers and plastics |
#3 through #7, newsprint, corrugated paper, junk mail, |
magazines, office paper, and boxboard.
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Section 10. Collection of recyclable materials. |
(a) Each hauler operating in a county or municipality shall |
offer, either as part of basic service, or alternatively as an |
additional service, the collection of recyclable materials |
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from any commercial business, commercial property, or |
institutional facility within that county or municipality. |
Haulers shall provide information on how and what materials to |
recycle at least once every other year to customers with |
recycling service. Haulers shall provide a written offer to |
provide recycling services to commercial businesses, owners or |
operators of commercial property, and institutional facilities |
that are not recycling. Those offers shall be made at least |
once during the term of the contract or at least once every 2 |
years, whichever is shorter. The hauler's written offer shall |
include a request that the commercial business, owner or |
operator of the commercial business, or institutional facility |
respond to the hauler's request to provide recycling services |
in writing.
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(b) Recyclable materials collected by a hauler within a |
county or municipality shall not be deposited into a landfill |
or incinerator unless all reasonable efforts have been made by |
the hauler to sell those recyclable materials to a processor or |
end user.
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(c) Ownership of recyclable materials set out for |
collection shall remain with the commercial business, |
commercial property owner, or institutional facility that set |
out the material for collection until the material is removed |
by the hauler.
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Section 15. Compliance. Nothing in this Act shall exempt a |
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hauler from obtaining a license or permit required by other |
applicable laws or regulations. The hauler shall at all times |
operate in compliance with all applicable laws and regulations.
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In the event of a conflict between this Act and any other |
law, including, but not limited to, the Solid Waste Planning |
and Recycling Act, the Counties Code, and the Illinois |
Municipal Code, this Act shall control.
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Section 20. Applicability. Nothing in this Act shall apply |
to a contract or franchise awarded pursuant to Section 11-19-1 |
of the Municipal Code, entered into before the effective date |
of this Act.
Nothing in this Act shall apply to a municipality |
with a population of 2,000,000 or more.
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Section 25. Home Rule. No home rule municipality with a |
population of less than 2,000,000 or home rule county may |
provide for the collection of recyclable materials in a manner |
less restrictive than the provisions of this Act. This Act is a |
limitation under subsection (i) of Section 6 of Article VII of |
the Illinois Constitution on the concurrent exercise by home |
rule municipalities or home rule counties of powers and |
functions exercised by the State.
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Section 90. The Illinois Municipal Code is amended by |
changing Section 11-19-1 as follows:
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(65 ILCS 5/11-19-1) (from Ch. 24, par. 11-19-1)
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Sec. 11-19-1. Contracts.
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(a) Any city, village or incorporated town may make |
contracts
with any other city, village, or incorporated town or |
with any person,
corporation, or county, or any agency created |
by intergovernmental
agreement, for more than one year and not |
exceeding 30 years
relating to the collection and final |
disposition, or relating solely to
either the collection or |
final disposition of garbage, refuse and ashes.
A municipality |
may contract with private industry to operate a
designated |
facility for the disposal, treatment or recycling of solid
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waste, and may enter into contracts with private firms or
local |
governments for the delivery of waste to such facility.
In |
regard to a contract involving a garbage, refuse, or garbage |
and refuse
incineration facility, the 30 year contract |
limitation imposed by this
Section shall be computed so that |
the 30 years shall not begin to run until
the date on which the |
facility actually begins accepting garbage or refuse.
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payments required in regard to any contract entered into under
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this Division 19 shall not be regarded as indebtedness of the |
city,
village, or incorporated town, as the case may be, for |
the purpose of any
debt limitation imposed by any law. |
(a-5) If a municipality with a population of less than |
1,000,000 located in a county as defined in the Solid Waste and |
Recycling Program Act has never awarded a franchise to a |
private entity for the collection of waste from non-residential |
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locations, then the municipality may not award a franchise |
unless: |
(1) the municipality provides prior written notice to |
all haulers licensed to provide waste hauling service in |
that municipality of the municipality's intent to issue a |
request for proposal under this Section; |
(2) the municipality adopts an ordinance requiring |
each licensed hauler, for a period of no less than 36 |
continuous months commencing on the first day of the month |
following the effective date of such ordinance, to report |
every 6 months to the municipality the number of |
non-residential locations served by the hauler in the |
municipality and the number of non-residential locations |
contracting with the hauler for the recyclable materials |
collection service pursuant to Section 10 of the Solid |
Waste Hauling and Recycling Program Act; and |
(3) the report to the municipality required under |
paragraph (2) of this subsection (a-5) for the final 6 |
months of that 36-month period establishes that less than |
50% of the non-residential locations in the municipality |
contract for recyclable material collection services |
pursuant to Section 10 of the Solid Waste Hauling and |
Recycling Program Act. |
All such reports shall be filed with the municipality by |
the hauler on or before the last day of the month following the |
end of the 6-month reporting period. Within 15 days after the |
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last day for licensed haulers to file such reports, the |
municipality shall post on its website: (i) the information |
provided by each hauler pursuant to paragraph (2) of this |
subsection (a-5), without identifying the hauler; and (ii) the |
aggregate number of non-residential locations served by all |
licensed haulers in the municipality and the aggregate number |
of non-residential locations contracting with all licensed |
haulers in the municipality for the recyclable materials |
collection service under Section 10 of the Solid Waste Hauling |
and Recycling Program Act. |
(a-10) Beginning at the conclusion of the 36-month |
reporting period and thereafter, and upon written request of |
the municipality, each licensed hauler shall, for every 6-month |
period, report to the municipality (i) the number of |
non-residential locations served by the hauler in the |
municipality and the number of non-residential locations |
contracting with the hauler for the recyclable materials |
collection service pursuant to Section 10 of the Solid Waste |
Hauling and Recycling Program Act, (ii) an estimate of the |
quantity of recyclable materials, in tons, collected by the |
hauler in the municipality from non-residential locations |
contracting with the hauler for recyclable materials |
collection service pursuant to Section 10 of the Solid Waste |
Hauling and Recycling Program Act, and (iii) an estimate of the |
quantity of municipal waste, in tons, collected by the hauler |
in the municipality from those non-residential locations. All |
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reports for that 6-month period shall be filed with the |
municipality by the hauler on or before the last day of the |
month following the end of the 6-month reporting period. Within |
15 days after the last day for licensed haulers to file such |
reports, the municipality shall post on its website: (i) the |
information provided by each hauler pursuant to this subsection |
(a-10), without identifying the hauler; and (ii) the aggregate |
number of non-residential locations served by all licensed |
haulers in the municipality and the aggregate number of |
non-residential locations contracting with all licensed |
haulers in the municipality for the recyclable materials |
collection service under Section 10 of the Solid Waste Hauling |
and Recycling Program Act. |
A municipality subject to subsection (a-5) of this Section |
may not award a franchise unless 2 consecutive 6-month reports |
determine that less than 50% of the non-residential locations |
within the municipality contract for recyclable material |
collection service pursuant to Section 10 of the Solid Waste |
Hauling and Recycling Program Act. |
(b) If a municipality with a population of less than |
1,000,000 has never awarded a franchise to a private entity for |
the collection of waste from non-residential locations, then |
that municipality may not award such a franchise without |
issuing a request for proposal. The municipality may not issue |
a request for proposal without first: (i) holding at least one |
public hearing seeking comment on the advisability of issuing a |
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request for proposal and awarding a franchise; (ii) providing |
at least 30 days' written notice of the hearing, delivered by |
first class mail to all private entities that provide |
non-residential waste collection services within the |
municipality that the municipality is able to identify through |
its records; and (iii) providing at least 30 days' public |
notice of the hearing. |
After issuing a request for proposal, the municipality may |
not award a franchise without first: (i) allowing at least 30 |
days for proposals to be submitted to the municipality; (ii) |
holding at least one public hearing after the receipt of |
proposals on whether to award a franchise to a proposed |
franchisee; and (iii) providing at least 30 days' public notice |
of the hearing. At the public hearing, the municipality must |
disclose and discuss the proposed franchise fee or calculation |
formula of such franchise fee that it will receive under the |
proposed franchise. |
(b-5) If no request for proposal is issued within 120 days |
after the initial public hearing required in subsection (b), |
then the municipality must hold another hearing as outlined in |
subsection (b). |
(b-10) If a municipality has not awarded a franchise within |
210 days after the date that a request for proposal is issued |
pursuant to subsection (b), then the municipality must adhere |
to all of the requirements set forth in subsections (b) and |
(b-5). |
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(b-15) The franchise fee and any other fees, taxes, or |
charges imposed by the municipality in connection with a |
franchise for the collection of waste from non-residential |
locations must be used exclusively for costs associated with |
administering the franchise program. |
(c) If a municipality with a population of less than |
1,000,000 has never awarded a franchise to a private entity for |
the collection of waste from non-residential locations, then a |
private entity may not begin providing waste collection |
services to non-residential locations under a franchise |
agreement with that municipality at any time before the date |
that is 15 months after the date the ordinance or resolution |
approving the award of the franchise is adopted. |
(d) For purposes of this Section, "waste" means garbage, |
refuse, or ashes as defined in Section 11-19-2. |
(e) A home rule unit may not award a franchise to a private |
entity for the collection of waste in a manner contrary to the |
provisions of this Section. This Section is a limitation under |
subsection (i) of Section 6 of Article VII of the Illinois |
Constitution on the concurrent exercise by home rule units of |
powers and functions exercised by the State.
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(Source: P.A. 95-856, eff. 10-1-08; 96-1215, eff. 7-22-10.)
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Section 95. The Solid Waste Planning and Recycling Act is |
amended by adding Section 13 as follows:
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