2005 Illinois 65 ILCS 5/ Illinois Municipal Code. Division 19 - Disposal of Refuse, Garbage and Ashes
(65 ILCS 5/Art. 11 Div. 19 heading) DIVISION 19. DISPOSAL OF REFUSE, GARBAGE AND ASHES
(65 ILCS 5/11‑19‑1)(from Ch. 24, par. 11‑19‑1) Sec. 11‑19‑1. 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
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.
The payments required in regard to any contract entered into under
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. (Source: P.A. 86‑1023; 86‑1025; 86‑1039; 86‑1475.)
(65 ILCS 5/11‑19‑2)(from Ch. 24, par. 11‑19‑2) Sec. 11‑19‑2. As used in this Division 19, the words "garbage", "refuse",
and "ashes" have the following meanings: (1) "Garbage". Wastes resulting
from the handling, preparation, cooking and consumption of food; wastes
from the handling, storage and sale of produce. (2) "Refuse". Combustible
trash, including, but not limited to, paper, cartons, boxes, barrels, wood,
excelsior, tree branches, yard trimmings, wood furniture, bedding;
noncombustible trash, including, but not limited to, metals, tin cans,
metal furniture, dirt, small quantities of rock and pieces of concrete,
glass, crockery, other mineral waste; street rubbish, including, but not
limited to, street sweepings, dirt, leaves, catch‑basin dirt, contents of
litter receptacles, but refuse does not mean earth and wastes from building
operations, nor shall it include solid wastes resulting from industrial
processes and manufacturing operations such as food processing wastes,
boiler‑house cinders, lumber, scraps and shavings. (3) "Ashes". Residue
from fires used for cooking and for heating buildings. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑19‑3)(from Ch. 24, par. 11‑19‑3) Sec. 11‑19‑3. Whenever a city, village or incorporated town makes a
contract that is authorized by this Division 19, the corporate authorities
shall include in the annual appropriation ordinance for each fiscal year,
an appropriation of a sum of money sufficient to pay the amount which, by
the terms of the contract, is to become due and payable during the current
fiscal year. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑19‑4)(from Ch. 24, par. 11‑19‑4) Sec. 11‑19‑4. The corporate authorities of each city, village and
incorporated town, whether organized under the general law or special
charter, with a population of less than 500,000, may establish and
maintain systems or plants, by contract or by direct provision, for the
collection and disposal, treatment or recycling or solely for
the collection or solely for the disposal, treatment or recycling of
garbage, refuse and ashes
in the city, village or incorporated town and for this purpose may levy
a tax. In municipalities with a population of less than 25,001, the tax
rate may not exceed .20% or the rate limit in effect on July 1, 1967,
whichever is greater, of the value, as equalized or assessed by the
Department of Revenue, on all of the taxable property
in the city or village for the current year. In municipalities with a
population of more than 25,000 the tax rate may not exceed .10% or the
rate limit in effect on July 24, 1969, whichever is greater, of the
value as equalized or assessed by the Department of Revenue on all of the
taxable property in the city or village for the current year. The annual
garbage tax shall be in addition to the amount authorized to be levied for
general purposes as provided by Section 8‑3‑1. The foregoing limitations upon tax rates, insofar as they are
applicable to cities, villages and incorporated towns of less than
500,000 population, may be increased or decreased under the referendum
provisions of the General Revenue Law of Illinois. The corporate authorities may, in addition to the levy of a garbage
tax, finance the establishment and maintenance of systems or plants, by
contract or by direct provision, for the collection and disposal, treatment
or recycling or solely for the collection or solely for the disposal,
treatment or recycling of garbage, refuse and ashes by service charges to be
collected from persons, firms and corporations receiving service. Such
service charges shall be established as can reasonably be expected to
yield revenues not in excess of contract obligations and the costs
of operation, maintenance, and
an adequate depreciation fund. If a city, village or incorporated town
assesses a service charge, the schedule of charges shall be adopted by
ordinance, and a copy of the schedule shall be furnished to each customer. (Source: P.A. 84‑963.)
(65 ILCS 5/11‑19‑5)(from Ch. 24, par. 11‑19‑5) Sec. 11‑19‑5. Every city, village or incorporated town may provide such
method or methods as shall be approved by the corporate authorities for the
disposition of garbage, refuse and ashes. Any municipality may provide by
ordinance that such method or methods shall be the exclusive method or methods
for the disposition of garbage, refuse and ashes to be allowed within that
municipality. Such ordinance may be enacted notwithstanding the fact that
competition may be displaced or that such ordinance may have
an anti‑competitive effect. Such methods may include, but
need not be limited to land fill, feeding of garbage to hogs, incineration,
reduction to fertilizer, or otherwise. Salvage and fertilizer or other
matter or things of value may be sold and the proceeds used for the
operation of the system. Material that is intended or collected
to be recycled is not garbage, refuse or ashes. (Source: P.A. 84‑794.)
(65 ILCS 5/11‑19‑6)(from Ch. 24, par. 11‑19‑6) Sec. 11‑19‑6. Any city, village or incorporated town may exercise the
powers granted by this Division 19 individually or jointly and
cooperatively with any other one or more than one city, village or
incorporated town or one or more than one county provided the conditions
under which the powers are exercised are not in conflict with Sections
11‑19‑7 through 11‑19‑10. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑19‑7)(from Ch. 24, par. 11‑19‑7) Sec. 11‑19‑7. When the corporate authorities of 2 or more cities, villages,
or incorporated towns each declare by ordinance that it is in the best
interests of such cities, villages, or incorporated towns to join with each
other or with any one or more than one county in the collection and
disposal or solely in the collection or solely in the disposal of garbage,
refuse and ashes, they shall cause a contract to be prepared which shall
set forth: (a) Whether the cities, villages or incorporated towns shall
participate in a joint garbage department to be operated as an
inter‑municipal function; or whether the cities, villages or incorporated
towns shall enter into a contract or contracts with a private party or
parties for the collection and disposal of garbage, refuse and ashes; (b)
The financial responsibilities and contributions of the respective cities,
villages and incorporated towns and counties; (c) The personnel
responsibilities and contributions of the respective cities, villages and
incorporated towns and counties; (d) Whether the financing shall be by
service charges to be collected from persons, firms, and corporations
receiving service, by tax levies, or both; (e) The term of the contract
which shall be not less than one year nor more than 30 years: Provided,
such contract may be modified from time to time as conditions may warrant,
may be extended for periods not exceeding 30 years, may be opened to admit
additional cities, villages, incorporated towns or counties and may be
changed to permit the withdrawal of any participant on such conditions as
shall be agreed to by all of the participants; (f) If the contracting
parties so desire, an undertaking that they will provide by ordinance,
license, contract or other means that
the methods of disposal employed within any municipality with more than
130,000 but less than 2,000,000 population, or within any municipality which
is a signatory to a plan providing for the management of solid waste
generated by more than one municipality or county,
shall be the exclusive methods of disposal to be allowed
within their respective jurisdictions, notwithstanding
the fact that competition may be displaced or that such ordinance or agreement
may have an anti‑competitive effect; and (g) Such other provisions as
shall be deemed necessary to effectuate a workable system of collection and
disposal or solely of collection or solely of disposal of garbage, refuse,
and ashes. The corporate authorities of any city, village, or incorporated town and
the governing body of any county entering into any such joint exercise of
powers shall appoint a committee of no more than 3 of its own members to
make continuing studies of the operations of such joint exercise of powers.
This committee shall also meet as necessary with the committees appointed
by the other contracting parties and all of such committees shall together
constitute a joint committee on garbage and refuse disposal. Such joint
committee shall make recommendations necessary for the improvement of the
garbage, refuse and ashes collection and disposal services or collection
service or disposal service alone as the case may be, and shall prepare
such rules and regulations as it may from time to time deem necessary. The
corporate authorities may adopt such rules and regulations by ordinance and
may provide penalties for the violation thereof. The committee chosen by
each of the contracting parties shall have a single vote in all activities
of the joint committee. (Source: P.A. 84‑963.)
(65 ILCS 5/11‑19‑8)(from Ch. 24, par. 11‑19‑8) Sec. 11‑19‑8. If a city, village or incorporated town exercises the powers
granted by this Division 19 jointly and cooperatively with another city,
village or incorporated town or county and it is agreed pursuant to the
provisions of Section 11‑19‑7 that there shall be a joint garbage
department to be operated as an intermunicipal function, employees assigned
to such department shall nevertheless be considered employees of the
appropriate individual city, village or incorporated town. The
administrative head or superintendent of any such joint department shall be
an employee of and shall be appointed by the mayor or president of the
largest city, village or incorporated town participating in the joint
department, but such appointment shall be subject to confirmation by the
joint committee on operations provided for in Section 11‑19‑7. Any rights,
privileges or benefits, civil service status, pensions or otherwise,
existing or hereinafter created, appertaining to any municipal employee
assigned to any joint garbage department shall continue to exist as rights,
privileges or benefits without regard to such assignment and as if this
amendatory act of 1957 had not been adopted. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑19‑9)(from Ch. 24, par. 11‑19‑9) Sec. 11‑19‑9. Except as otherwise provided in Section 11‑19‑10, whenever a
city, village or incorporated town exercises the powers granted by this
Division 19 jointly and cooperatively with any other city, village or
incorporated town or county, all proceeds of tax levies, service charges,
sales or other income shall be placed in the treasury of the city, village
or incorporated town levying the tax or assessing the service charge or
making the sale, as the case may be. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑19‑10)(from Ch. 24, par. 11‑19‑10) Sec. 11‑19‑10. Every city, village, and incorporated town may acquire by
purchase, gift or condemnation any real property within or without the
corporate limits of such city, village or incorporated town for the purpose
of providing facilities for the disposal of garbage, refuse and ashes. In
all cases where property is acquired or sought to be acquired by
condemnation, the procedure shall be, as nearly as may be, like that
provided for the exercise of the right of eminent
domain under Article VII of the Code of Civil Procedure, as heretofore
and hereafter amended.
In any village containing a population of less than 15,000 where the
property sought to be acquired is to be used for a
refuse derived fuel system and for industrial development that will utilize
steam and electricity derived from such system, such property may be
acquired pursuant to the "quick‑take" procedures prescribed in Section
7‑103 of such Code if such procedures are commenced on or before June 30,
1987. As used herein, "refuse derived fuel system" means a facility
designed to convert refuse and other waste materials into steam and
electricity to be used for industrial development and other commercial purposes. If a city, village or incorporated town joins with one or more than one
other city, village or incorporated town or county in the exercise of the
powers granted by this section, (a) any real property purchased shall be
taken in the names of the contracting cities, villages, incorporated towns,
and counties, if any; (b) in case of condemnation, the city, village or
incorporated town in which the real property lies, or the city, village or
incorporated town nearest to the area of the real property to be condemned,
shall institute condemnation proceedings; Provided, (1) any real property
so acquired shall be held in trust by such city, village or incorporated
town for the benefit of the contracting cities, villages, incorporated
towns, and counties, all of which shall bear the expense of condemnation
according to agreement; (2) when real property acquired by condemnation is
no longer used for joint disposal of garbage, refuse and ashes, it shall be
sold by the city, village or incorporated town in whose name it is held and
the proceeds shall be distributed to the contracting cities, villages,
incorporated towns, and counties as their interests shall appear. Any
improvements existing on real property jointly acquired by purchase, gift
or condemnation for garbage, refuse and ashes disposal purposes which
cannot be used for such purposes may be disposed of in such manner as is
mutually agreeable to the cities, villages, incorporated towns, and
counties involved. (Source: P.A. 84‑1119.)
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