4-108-340 Definitions.

   For purposes of this article, the following terms and abbreviations shall apply:

   “Facility” shall mean a filling station (as that term is defined in Section 4-108-010 of the Code) or motor vehicle repair shop (as that term is defined in Section 4-228-010 of the Code).

   “Operator” shall mean the owner, manager, agent or other person in charge, possession or control of a facility within the City of Chicago. Where the owner is different from the manager, agent or other person in charge, possession or control, then liability for a violation of this article shall be joint and several.

   “Overfill” or “spill” shall not include the residual spillage from a nozzle that commonly occurs when the nozzle is removed from a tank aperture upon the conclusion of filling operations, if such spillage is so minimal as to be measurable in individual droplets.

   “U.S.T.” shall mean an underground storage tank used in conjunction with the operation of a facility.

   “U.S.T. system” shall mean a U.S.T. and all associated equipment (e.g., fuel dispensing pump, hose and nozzle).

   “Vehicular use area” shall mean any part of the facility, except for any enclosed or partially enclosed structure, which is devoted to use by or for motor vehicles including parking areas (accessory or nonaccessory); storage areas for automobiles, trucks or other vehicles; loading areas; service areas and drives; and access drives and driveways.

(Added Coun. J. 6-4-03, p. 2243, § 1)

 

Notes

4-228-010

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4-108-345 Waste removal requirement.

   The operator of any facility shall remove or cause to be removed on a daily basis any garbage, debris, refuse, litter and miscellaneous waste located upon the facility premises in accordance with the applicable requirements of Chapter 7-28.

(Added Coun. J. 6-4-03, p. 2243, § 1)

4-108-350 Spill or overfill containment and cleanup requirement.

   (A)   Each operator shall contain and immediately clean up a spill or overfill from a U.S.T. system, as follows:

      (1)   The operator shall clean up spilled material or soiled surfaces by immediately placing an absorbent on the spilled material and/or contaminated area to prevent the further spread of the contaminants.

      (2)   The waste generated by the cleanup shall be disposed of in accordance with applicable federal, state, and local laws and regulations.

   (B)   Each operator shall report a spill or overfill from a U.S.T. that results in a release to the environment that exceeds 12 gallons or causes a sheen on nearby surface water to the Illinois Emergency Management Agency within 24 hours.

(Added Coun. J. 6-4-03, p. 2243, § 1)

4-108-355 Semiannual surficial cleansing.

   At least twice per calendar year, and more frequently if determined necessary by the commissioner of health or his/her designee, the operator must wash or cleanse all vehicular use areas of the facility to remove any and all residue, stains or other matter remaining from oil spills and other spilled materials. Permitted methods of vehicular use area cleaning include power washing or equivalent dry cleaning methods. If power washing or other wet washing method is used, the operator must provide a positive mechanism to prevent the wash water or waste water from leaving the site or discharging into the municipal sewer system. In addition, the operator shall manage and dispose of all waste and effluent in a manner consistent with federal and state law. The operator shall keep records of dates on which vehicular use area cleaning is performed and records of waste disposal onsite for three years and make such records available upon request of the commissioner of health or his/her designee.

(Added Coun. J. 6-4-03, p. 2243, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

4-108-360 Violation – Penalty.

   (A)   In addition to any other penalty provided by law, the commissioner of health or his/her designee may issue citations for any violation of this Article IV of this chapter or any rule or regulation promulgated thereunder, the violation of which shall be punishable by a civil penalty of not less than $500.00 and not more than $1,000.00 for each offense. Each day such violation continues shall constitute a separate and distinct offense. In addition, the operator shall be responsible for the cleanup and costs resulting from any contamination and related damage from a spill or overfill.

   (B)   The commissioner of health or his/her designee may seek permanent or temporary injunctive relief for any violation of this article.

(Added Coun. J. 6-4-03, p. 2243, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-8-12, p. 38872, § 101)