New City of Chicago Waste Container Permit Ordinance - Begins April 1, 2009

March 17, 2009 - PRLog -- Beginning April 1, 2009 the City of Chicago will be implementing a new Commercial Refuse Container Permit Ordinance. The new ordinance requires that all waste haulers track and report container location to the City of Chicago and remit a permit fee one time per year on all commercial refuse containers. Containers used exclusively for collection of recyclable materials are exempt from the container permit fee. For more information please visit Recycling Systems, Inc. at www.recyclingsystemsinc.com or contact Mike Simon 312-744-4652 with the City of Chicago, Department of Transportation. Below is the notice as posted by the City of Chicago:

SECTION 3. Chapter 4-260 of the Municipal Code of Chicago is hereby amended by adding a new Article III “Commercial Refuse Container Permits”, shown in underscored text as follows:

Article III.
Commercial Refuse Container Permits.

4-260-150 Commercial Refuse Containers -- Permit Required.

(A) Definitions. For purposes of this section, the following terms shall have the following meanings:

“Provider” shall mean the lessor of, or person who otherwise provides, a refuse container for use at the location requested.

“Refuse container” shall mean the commercial refuse container described in Section 7-28-210 of the code.

(B) Permit required. It shall be unlawful for any provider to place or maintain a refuse container for use in the City of Chicago unless such provider shall first obtain a refuse container permit for that container and display the permit emblem on said refuse container.

(C) Application. An application for a refuse container permit shall be made to the commissioner of transportation in such form(s) and format(s) as the commissioner specifies. In addition to such other information as said commissioner may require, the applicant shall state the name, address and telephone number of the provider of the refuse container(s), and information regarding where each permitted refuse container will be used. Upon receiving a properly submitted application accompanied by the requisite fee, said commissioner shall issue a permit emblem bearing a number unique to each refuse container for which application is made.

(D) Updates to location information. On a quarterly basis, each holder of a refuse container permit shall provide to the commissioner of transportation, in such form(s) and format(s) as the commissioner specifies, an update with regard to where each refuse container permitted pursuant to this section is being used.

(E) Permit fee. Except with respect to refuse containers intended and used exclusively for collection of recyclable materials, as to which there shall be no permit fee, the annual permit fee for each refuse container permitted pursuant to this section shall be as follows:

Under one (1) cubic yard                       $  80.00
One (1) to two (2) cubic yards               $150.00
Over two (2) to ten (10) cubic yards     $300.00
Over ten (10) cubic yards                       $780.00

The annual permit shall be valid from April 1 of the year of issuance until March 31 of the following year. Permits applied for or issued after April 1 shall be subject to a prorated fee according to a proration schedule established by regulation promulgated by the commissioner of transportation. The fee to replace a permit emblem that has been lost or damaged shall be $10.00 per emblem.

(F) Refuse container identification. It shall be the duty of the provider to affix on each refuse container: (1) the permit emblem issued for that refuse container, (2) the name and telephone number of the provider, (3) the permit number for that refuse container, and (4) information indicating whether the refuse container is intended for recyclable or non-recyclable materials. The size, placement, content, materials used, and other aspects of all letters and numerals required by this subparagraph shall be subject to standards set forth in rules promulgated by the commissioner of transportation.

(G) Enforcement. This section shall be enforceable by anyone of the following: the commissioner of the environment, the commissioner of streets and sanitation, the commissioner of transportation, the commissioner of business affairs and consumer protection, or their respective designees.

(H) Penalties.

(1) Any person violating subsection (B) of this section shall be subject to a fine of not less than $250.00 nor more than $1,500.00 for each offense.

(2) Any person violating any provision of this section other than subsection (B) of this section shall be subject to a fine of not less than $50.00 nor more than $1,000.00 for each offense.

(3) Each day that a violation is permitted to exist shall constitute a separate offense.
In addition, any refuse container not bearing the refuse container identification information required by subsection (F) of this section, or not otherwise validly permitted, may be removed by the city, and all costs associated with such removal shall be borne by the provider of the refuse container. The owner of a refuse container, if different from a provider, shall be jointly and severally liable with the provider for any violation of this section.

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