title
DUPAGE COUNTY WASTE, RECYCLING, AND COMPOSTING HAULER REPORTING ORDINANCE
resolution
WHEREAS, the Illinois Solid Waste Planning and Recycling Act (415 ILCS 15/1 et seq.) (“the Act”) requires each county in the State of Illinois to adopt a solid waste management plan; and
WHEREAS, pursuant to the Act, DuPage County adopted its initial Solid Waste Management Plan in 1991 and Five-Year Plan Updates have since been adopted in 1996, 2001, 2007, 2012, 2017 and 2022 and reflect the current recommendations and policies of DuPage County related to municipal solid waste management; and
WHEREAS, in accordance with Section 6 of the Act (415 ILCS 15/6 et seq.), DuPage County endeavors to accurately measure and increase recycling, composting, and diversion rates within the County by requiring written documentation to be provided to the County of the total number of tons of material recycled; and
WHEREAS, Section 6 of the Act also permits the County to implement “…provisions for compliance, including incentives and penalties;” and
WHEREAS, the County has determined the most effective tool to measure recycling, composting, and waste generation is a Waste, Recycling, and Composting Hauler Reporting Ordinance; and
WHEREAS, the Attorney General of Illinois has issued an opinion (No. 94-006) finding that the counties may require waste handlers to report the amounts of waste generated and recycled for compliance purposes pursuant to the Act; and
WHEREAS, the Environmental Committee of the DuPage County Board recommends that the DuPage County Waste, Recycling, and Composting Hauler Reporting Ordinance be adopted, effective on the passage of this resolution.
NOW, THEREFORE, BE IT ORDAINED that the DuPage County Board hereby enacts and adopts the Waste, Recycling, and Composting Hauler Reporting Ordinance, as follows:
1.0 SHORT TITLE
1.1 This Ordinance shall be known and cited as the Waste, Recycling, and Composting Hauler Reporting Ordinance.
2.0 PURPOSE
2.1 The purpose of this Ordinance is to assist the County with collecting information pertinent in measuring compliance with the Solid Waste Planning and Recycling Act (415 ILCS 15/1 et seq.).
3.0 AUTHORITY
3.1 This ordinance is hereby enacted pursuant to the authority granted by the Solid Waste Planning and Recycling Act (415 ILCS 15/1 et seq.).
4.0 DEFINITIONS
4.1 Commercial Establishment: any building or any part of a building wherein commerce or
business is conducted, both profit and not for profit, including but not limited to stores, markets, offices, restaurants, shopping centers, theatres, schools, churches, government offices, and manufacturing facilities.
4.2 Composting: the biological treatment process by which microorganisms decompose the organic fraction of waste, producing compost in DuPage County Code, Chapter 30-6.
4.3 County: DuPage County, Illinois, a body politic and corporate.
4.4 Hauler: any person who engages in the business of collecting or hauling garbage, municipal waste, recyclables, or other refuse on a continuous and regular basis and makes multiple scheduled collections per month within the County.
4.5 Municipal Waste: garbage, general household, institutional and commercial waste, industrial lunchroom and office waste, landscape waste and construction and demolition debris.
4.6 Recyclable Materials: materials that are separated from garbage, municipal waste, or refuse for the purpose of recycling, including but not limited to, aluminum and tin cans, newspapers, corrugated cardboard, mixed office paper, high-grade printing and writing papers, magazines, plastic, and glass containers.
4.7 Recycling: a method, technique or process designed to remove any contaminant from waste so as to render such 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.
4.8 Municipal Waste: includes garbage, general household and commercial waste, landscape waste and construction or demolition debris which is not a special waste nor a hazardous waste as defined in DuPage County Code, Chapter 30-6.
5.0 REPORTING REQUIREMENTS
5.1 For the purpose of tracking the implementation progress of the DuPage County Solid Waste Management Plan, haulers shall submit annual reports to the DuPage County Environmental Division documenting the volume and/or tonnage of municipal waste, recycling and food scrap collected from residential, commercial, institutional, and industrial customers in the County. Reports shall be due on or before January 31 of each year starting January 31, 2025, and shall include the following:
a) The total volume and/or tonnage of municipal waste collected in the County by sector (i.e., residential, commercial, institutional, and industrial) during the preceding 12 months; and
b) The total volume and/or tonnage of each category of recyclable materials collected and recycled by sector (residential, commercial, institutional, and industrial) during the preceding 12 months; and
c) The total volume and/or tonnage of food scrap collected separately for composting by sector (residential, commercial, institutional, and industrial); and
d) The total volume and/or tonnage of landscape waste collected for composting by sector (residential, commercial, institutional, and industrial).
6.0 EXEMPTIONS
6.1 The following entities are exempt from the provisions of this ordinance:
a) Local government entities collecting and hauling debris from storm clean-up operations;
b) Businesses for whom the hauling of waste is incident to their normal provision of service;
c) Persons hauling municipal waste or other refuse from their own residence for proper disposal, recycling, or processing.
7.0 PENALTIES FOR VIOLATIONS
7.1 It shall be a petty offense to violate this Ordinance, violators may be subject to a fine not to exceed $500.00.
8.0 EFFECTIVE DATE
8.1 This Ordinance shall be and remain in full force and effect from and after its passage and approval by the County Board on the date listed below.
end
Enacted and approved this 9th day of April, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK