Shopping for a Better Garbage Deal

The Morris City Council is expected to approve a monthly charge for garbage pickup from Allied Waste. But if you chose not to use the city garbage service, you cannot be forced to pay the monthly charge.

Non-home rule communities such as Morris have only those powers specifically granted to them by the Illinois legislature. The legislature has granted municipalities that provide garbage pickup service the authority to assess a "service charges to be collected from persons, firms and corporations receiving service." (65 ILCS 5/11-19‑4).

"Under the aforementioned Illinois statute, such garbage service charges can be imposed only upon persons, firms or corporations "receiving service."

This was the opinion of the Illinois Supreme Court in the case of Montgomery v. City of Galva, where the court declared invalid a city ordinance assessing a garbage pickup charge for residents that was combined with their water bills, even for residents who did not use the garbage service. In addition, the Supreme Court enjoined the city from shutting off residents' water supply for nonpayment of the garbage collection charges by persons not receiving garbage collection and disposal services.