§ 22-61. Exemption from franchised service.

(a)

Any building or property occupied by the following users are exempt from the requirement of this article to receive solid waste service only from the village's solid waste franchise holder:

(1)

The United States of America, or any agency or entity thereof, including, but not limited to, the United States Postal Service and the United States Coast Guard.

(2)

The State, or any agency or entity thereof.

(3)

A political subdivision of the State.

(b)

In addition to the foregoing, any person or entity occupying any commercial, industrial, institutional or multifamily building may request, in writing and supported by copies of such documents described below, to the Village Manager, that they be exempted from the franchised solid waste service. The request shall specify the circumstances that necessitate such exemption status, which may include the following:

(1)

The person or entity in question is subject to a corporate contract whose provisions are outside the person's or entity's control.

(2)

The person or entity in question is subject to a written and binding contract with a scavenger licensed by the village entered into prior to effective date of this section, but only until the earlier of December 31, 2008, or the remaining term, without renewal, of such contract.

(3)

The person or entity in question receives a specialized solid waste or recycling service that cannot be provided by the village's franchise holder.

(c)

Any person or entity that has been granted an exemption from the exclusive franchise pursuant to this section shall utilize only a scavenger that is licensed by the village.

(d)

Any person or entity denied an exemption under this section may appeal said denial in writing to the Village Board within ten days of the date of the Village Manager's written denial.

(Code 1993, § 7-3.2.4; Ord. No. 2008-O-60, 9-9-2008)