2023 Illinois Compiled Statutes › Chapter 415 - ENVIRONMENTAL SAFETY › 415 ILCS 12/ - Solid Waste Hauling and Recycling Program Act.

(415 ILCS 12/1)
Sec. 1. Short title. This Act may be cited as the Solid Waste Hauling and Recycling Program Act.
(Source: P.A. 98-1079, eff. 8-26-14.)
(415 ILCS 12/5)
Sec. 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.
"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.
"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.
"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 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.
"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.
"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.
(Source: P.A. 98-1079, eff. 8-26-14.)
(415 ILCS 12/10)
Sec. 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 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.
(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.
(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.
(Source: P.A. 98-1079, eff. 8-26-14.)
(415 ILCS 12/15)
Sec. 15. Compliance. Nothing in  this Act shall exempt a 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.
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.
(Source: P.A. 98-1079, eff. 8-26-14.)
(415 ILCS 12/20)
Sec. 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.
(Source: P.A. 98-1079, eff. 8-26-14.)
(415 ILCS 12/25)
Sec. 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.
(Source: P.A. 98-1079, eff. 8-26-14.)
(415 ILCS 12/90)
Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 98-1079, eff. 8-26-14; text omitted.)
(415 ILCS 12/95)
Sec. 95. (Amendatory provisions; text omitted).
(Source: P.A. 98-1079, eff. 8-26-14; text omitted.)
(415 ILCS 12/999)
Sec. 999. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 98-1079, eff. 8-26-14.)