Cicero, Ill., Code of Ordinances § 78-121 (current through July 30, 2019)
Brief Summary
This policy requires the refuse collection customer for each commercial establishment located in the town to provide documentation of an "effective recycling program." An "effective recycling program" is defined as a program that meets certain minimum requirements, as established by the policy. Those requirements include, among other things, selecting and offering two "source reduction measures" from official list which must include "donating surplus food to food banks or soup kitchens" as one of the listed options. The policy also requires "each licensee or license applicant for a town business license, which is a refuse collection customer to certify in the license application that an effective recycling program will be conducted on the licensed premises during the license period.
Legal Strategies
Requires something, sets standards.
Provides education, promotes awareness, or provides information.
Food System Category: Surplus/Waste
State: Illinois
Jurisdiction Type: Township
Jurisdiction Name: Cicero
Does the law refer to priority populations in some way?
Does the law refer to or suggest a goal related to improving or protecting health?
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. The policy requires an adequate recycling program for each commercial establishment. It also encourages reduction measures, like replacing disposable with renewables. § 78-121.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
Unclear. The code states "[t]his article shall be liberally construed in order to implement the findings contained in the preamble to Ordinance No. 89-95 and in order to implement the goal of reducing waste and increasing recycling." § 78-112.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 78-1, § 78-111.
Does the law address implementation in some way?
Yes. The commissioner is responsible for seeking voluntary cooperation of affected stakeholders, taking steps to assist businesses to implement recycling program as well as establish an audit program for the recycling system, § 78-113(b),(g); determining when wet waste recycling is commercially available, § 78-121(h); and reviewing plans for an effective recycling program, § 78-121(f).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Penalties include "fines of not less than $25.00 nor more than $750.00 per day" and "revocation of permit." § 78-113(c), (d).
Does the law include an evaluation component, beyond reporting on activity?
Unclear. The law requires haulers and recycling facilities to submit to submit a semiannual written report to the commissioner on recycling activity. § 78-122(3). Also, the commissioner shall institute an audit program for effective recycling programs of refuse collection customers. § 78-113(g). Whether the resulting information might be used to assess the performance of the law rather than the performance of individual haulers and providers is unclear.
Does the law require an extra or atypical financial or resource investment?
Code context and ordinance history
This policy is located in Cicero, Illinois Code of Ordinances, Chapter 78: Solid Waste, Article IV: Waste Reduction. History: Code 1958, § 19-205; Ord. No. 89-95, § 1, 11-14-1995.