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(1) Any composting operation which meets the qualifications of paragraphs (3), (4) or (5) of this section shall be exempt from the permit requirements of Chapter 11-4 of this Code.
(2) General composting standards. All composting operations which meet the qualifications of paragraphs (3), (4) or (5) shall promote proper conditions for composting and shall operate under the following standards, in addition to all applicable local, state and federal laws, rules and regulations:
(a) Nuisance. In no event shall any composting activity be conducted in a manner which creates an odor, litter, dust or noise nuisance, or attracts vectors or pests.
(b) Rat and other vector control. The presence of insects, rodents, birds and other vectors or pests shall be controlled through specific measures. These specific measures may include grinding the ingredients, providing screens or netting, or conducting the composting operation in-vessel.
(c) Surface water. The composting operation shall be located or designed and constructed to prevent the composting material and compost from sitting in ponded surface water. In no event shall any composting activity be conducted in a manner which creates standing water resulting from leachate.
(d) Mixing. Composting material shall be mixed or turned at regular intervals as conditions mandate to re-mix ingredients, distribute moisture, rebuild porosity and aid in physical breakdown until composting is complete.
(e) [Reserved.]
(f) Sewage restriction. The composting material shall not contain sewage, sludge, septage or catch basin waste. For the purposes of this section, “sewage” shall have the meaning ascribed to it in Section 11-4-120 of this Code; “sludge” shall mean any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other such waste having similar characteristics or effects; “septage” shall mean the waste found in a septic tank; and “catch basin waste” shall mean the waste found in a catch basin.
(3) (i) Tier I garden composting operation. A composting operation that composts only landscape waste, whether or not generated on-site, shall be exempt from the permit requirements of Chapter 11-4 of this Code if it meets the following criteria:
(a) Ingredients. The composting operation composts only landscape waste.
(b) Noncommercial. The composting operation is not engaged in commercial activities related to composting, the acceptance of landscape waste or commercial landscaping.
(c) Size. The composting operation contains no more than a total of 10 cubic yards of landscape waste, composting material and end product compost on-site at any one time, unless express written authorization has been issued by the commissioner of streets and sanitation allowing a greater volume, not to exceed 25 cubic yards.
(d) Compost use. All generated compost must be used on-site.
(3) (ii) Tier II garden composting operation. A composting operation that composts only landscape waste and limited organic waste, whether or not generated on-site, shall be exempt from the permit requirements of Chapter 11-4 of this Code if it meets the following criteria:
(a) Ingredients. The composting operation composts only landscape waste and limited organic waste. The limited organic waste shall not exceed 10% of the total material in the process of being composted on-site at any one time.
(b) Processing. All limited organic waste that constitutes food scrap must be processed into the composting operation by the end of the day it was generated on-site or received from off-site. Other limited organic waste must be processed into the composting operation or be contained in a properly maintained covered steel or rigid plastic container by the end of the day it was generated on-site or received from off-site.
(c) Record keeping. The operator shall, in a form prescribed by the commissioners, maintain on site and shall make available for inspection records of all limited organic waste received from off-site.
(d) Compost use. All generated compost must be used on-site.
(e) Noncommercial. The composting operation is not engaged in commercial activities related to composting, the acceptance of limited organic waste or landscape waste, or commercial landscaping.
(f) Size. The composting operation contains no more than a total of 10 cubic yards of landscape waste, limited organic waste, composting material and end product compost on-site at any one time, unless express written authorization has been issued by the commissioner of streets and sanitation allowing a greater volume, not to exceed 25 cubic yards.
(3) (iii) Registration. Any operator shall annually register with the city's on-line or other registration portal, or a third party registration portal approved by the commissioners by rule. Such registration must include the name and contact information of the operator, the name and contact information of the owner, the name and contact information of the individual principally in charge of the site operations (if different from the operator), and any other information that may be required by the commissioners by rule. The operator must keep such information current as provided by the commissioners by rule.
(4) On-site organic waste composting operation. A composting operation that composts food scrap and/or non-hazardous carbonaceous waste, whether or not landscape waste is added to the composting mixture, shall be exempt from the permit requirements of Chapter 11-4 of this Code if it meets the following criteria:
(a) Ingredients. The composting operation composts only organic waste that is generated on-site.
(b) In-vessel requirement. Any composting of food scrap and/or non-hazardous carbonaceous waste is conducted in-vessel. This requirement also applies to mixtures of landscape wastes with these wastes.
(c) Size. The composting operation contains no more than a total of 5 cubic yards of landscape waste, composting material and end product compost on-site at any one time, unless express written authorization has been issued by the commissioner of streets and sanitation allowing a greater volume.
(d) Compost use. All generated compost is used on-site.
(5) In addition to those composting operations described in paragraphs (3) and (4), all composting operations which meet the criteria for a permit-exempt facility pursuant to 35 Illinois Admin. Code Section 830.105 shall meet the standards of paragraph (2)(a) through (f) of this section, in addition to all applicable local, state and federal laws, rules and regulations.
(6) Enforcement provisions. Any person that violates this section or any rule or regulation promulgated thereunder and is not operating under a permit under Chapter 11-4 that permits composting shall be fined not less than $300 nor more than $600 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply. In addition, if any person violates this section, the commissioner of health may issue an emergency or non-emergency cessation or abatement order in accordance with Section 11-4-025 of this Code.
(7) The commissioner is authorized to enforce this section and rules and regulations promulgated thereunder. The commissioners are authorized to administer this section and to jointly adopt and promulgate reasonable rules and regulations pertaining to the administration and enforcement of this section.
(Added Coun. J. 4-11-07, p. 102577, § 1; Amend Coun. J. 7-29-15, p. 4110, § 1)
It shall be unlawful for any person to accumulate or permit the accumulation on any open lot, or other premises, any lumber, boxes, barrels, bricks, stones, scrap metal, motor vehicle bodies or parts, or similar materials, or any articles of junk, which provides rat- harborage, unless the same shall be placed on open racks that are elevated not less than 18 inches above the ground, evenly piled or stacked.
Any person who violates this section shall be fined not less than $300 nor more than $5,000 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
(Prior code § 99-61.8; Amend Coun. J. 7-31-90, p. 19384; Amend Coun. J. 7-28-10, p. 97912, § 8; Amend Coun. J. 11-16-11, p. 14596, Art. II, § 1; Amend Coun. J. 10-11-17, p. 56894, § 1)
Upon receipt of notice in writing from the building commissioner or the commissioner of streets and sanitation the owner, agent, or occupant in charge of any building, structure or premises specified in such notice shall take immediate measures for the rat- stoppage of such building or structure and for freeing the premises of all rats, and unless said work is completed in the time specified in the notice, in no event to be less than 15 days, or any written extension thereof that may be granted by the commissioner who issued the notice, then the owner, agent, or occupant in charge of said building, structure or premises shall be deemed guilty of a violation of this ordinance.
Whenever the owner, agent or occupant in charge of any building, structure or premises, after being served with notice as provided in this section has failed within the time fixed in the notice, to perform all work necessary to prevent the ingress of rats to said building or structure or to exterminate rats from the premises described in said notice, the commissioner who issued the notice or any person duly authorized by either of them may go on the premises and do such work as is necessary to free said premises from rats and to maintain said premises in a rat-stopped condition. The cost and expense incurred for all work and materials shall be charged to and collected from the owners and persons interested in said premises and the city or persons performing such work or furnishing such materials therefor shall have a lien on said premises and may enforce the same as provided by statute.
(Prior code § 99-61.9; Amend Coun. J. 11-16-94, p. 61206)
(a) Whenever conditions of a building, structure or premises occupied by a food establishment afford food or harborage for rodents which create an imminent hazard to public health, the commissioner of streets and sanitation shall notify, in writing, the owner, agent or the person in control of the food establishment, directing the owner or person in control to correct such conditions, including properly storing or handling food that is prepared, sold or served in or from the establishment, and the freeing of the establishment of rodent infestation. The notice shall set a date by which the measures must be taken. After the notice is given, but before the allotted time has elapsed for compliance, the owner may request a hearing to file exceptions to and to contest the notice or the owner may request the commissioner to extend the time allowed for compliance. In any case, the request must be filed with the commissioner of streets and sanitation within 24 hours of receipt of the notice, excluding Saturdays, Sundays and legal holidays. Upon receipt of a request for a hearing, the commissioner shall institute an action with the department of administrative hearings which shall appoint an administrative law officer who shall conduct the hearing within 48 hours of the owner's request for a hearing, excluding Saturdays, Sundays and legal holidays. Unless the administrative law officer deems that there is no imminent hazard to public health or a time extension is granted by the commissioner of streets and sanitation, the commissioner may order the immediate closure of the food establishment until the conditions are corrected and the establishment is freed of rodent infestation. For purposes of this section, a “food establishment” means any business required to obtain a license pursuant to Chapter 4-8 of this Code.
(b) All food establishments shall contract with a licensed exterminator who shall provide insect and vermin services at the establishment at least twice a year.
(Amend Coun. J. 3-10-99, p. 91043)
Notes
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ARTICLE VI. LOT MAINTENANCE (7-28-740 et seq.)
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