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Article I. General Provisions
11-4-010 Title.
11-4-020 Enforcement of provisions.
11-4-025 Public nuisance cessation and abatement.
11-4-030 Operating a facility without a permit or authorization– Violation – Penalty.
11-4-040 Permit issuance or renewal – Requirements.
11-4-110 Severability.
11-4-120 Definitions.
11-4-130 Reserved.
11-4-140 Fee on generation of liquid waste.
11-4-141 Surcharge on disposal of waste.
11-4-142 Reserved.
11-4-150 Liquid waste management fund.
11-4-160 Reserved.
11-4-170 Reserved.
11-4-180 Reserved.
11-4-190 Payment and disposition of fees and fines.
11-4-200 Fees – Debt due to city.
11-4-210 Reserved.
11-4-220 Reserved.
11-4-230 Violation – Penalties.
11-4-240 Reserved.
11-4-250 Waste handling facilities – Permit required – Annual report required.
11-4-260 Environmental standards for shooting range facilities.
11-4-270 Reserved.
11-4-280 Reserved.
11-4-290 Reserved.
11-4-300 Reserved.
11-4-310 Confidentiality.
11-4-320 Violation of pollution standard.
11-4-330 Reserved.
11-4-340 Reserved.
11-4-350 Reserved.
11-4-360 Enforcement – Interference with inspection.
11-4-370 Proof of responsibility.
11-4-380 Reserved.
11-4-390 Reserved.
11-4-400 Reserved.
11-4-410 Reserved.
11-4-420 Reserved.
11-4-430 Reserved.
11-4-440 Sanitary landfill inspection.
11-4-450 Reserved.
11-4-460 Reserved.
11-4-470 Reserved.
11-4-480 Reserved.
11-4-490 Persons liable for violations.
11-4-500 Prosecution for violations.
11-4-510 Saving clause.
11-4-520 Interpretation.
11-4-530 Reserved.
11-4-550 Episode alert program.
11-4-560 Environmental coordinator.
11-4-570 Abandoned facilities inspection unit.
11-4-575 Emission reduction credit banking and trading program.
Article II. Air Pollution Control
Part A. General Provisions
11-4-600 Purpose and intent.
11-4-610 Definitions.
11-4-620 Permitting of facilities, devices, or processes for control of air pollution.
Part B. Permitting
11-4-630 Standards for issuance of air pollution control permits.
11-4-640 Shutdown of permitted equipment.
11-4-650 Permit fees.
11-4-660 Certificate of operation – Required.
11-4-670 Standards for the issuance of annual certificate of operation.
11-4-680 Certificate of operation fee.
11-4-690 Annual certification of compliance.
Part C. Substantive Standards
11-4-700 Visible emissions limitations.
11-4-710 Nitrogen oxide emissions.
11-4-715 Lead emissions.
11-4-720 Emission of particulate matter.
11-4-725 Dry cleaning facilities that use perchloroethylene.
11-4-728 Motor vehicle repair shops.
11-4-730 Air pollution prohibited.
11-4-740 Open fires prohibited.
11-4-750 Surfacing of lots and roadways.
11-4-760 Handling and storage of material susceptible to becoming windborne.
11-4-770 Commissioner – Jurisdiction and authority.
11-4-780 Refuse burning, municipal waste- burning equipment and municipal waste burning – Prohibited.
Part D. Enforcement and Penalties
11-4-790 Monitoring and inspections of a regulated equipment or area.
11-4-800 Enforcement.
11-4-810 Fines.
11-4-820 Reserved.
11-4-830 Reserved.
11-4-840 Reserved.
11-4-850 Reserved.
Article III. Boilers and Unfired Pressure Vessels
11-4-860 Definitions.
11-4-870 Boiler standards.
11-4-880 Tanks and other vessels – Standards.
11-4-890 Plans and specifications.
11-4-900 Inspection – Hydrostatic tests.
11-4-910 Drilling of vessels to determine thickness.
11-4-920 Certificate of operation.
11-4-930 Repair of vessels.
11-4-940 Reserved.
11-4-950 Periodic inspection fees.
11-4-960 Remission of inspection fees.
11-4-970 Sales and erection requirements.
11-4-980 Reserved.
Article IV. Control of Emissions of Organic Substances
11-4-990 Emission limitations.
Article V. Reserved.
11-4-1000 Reserved.
11-4-1010 Reserved.
Article VI. Waste Control
11-4-1020 Definition.
11-4-1030 Preliminary treatment.
11-4-1040 Prohibited wastes.
11-4-1050 Discharges of clean waters.
11-4-1060 Manholes.
11-4-1070 Gauging and sampling.
11-4-1080 Sampling methods.
11-4-1090 Analyses standards.
11-4-1095 Interceptors at shooting range facilities.
Article VII. Hazardous Materials Emergency Preparedness Requirements
11-4-1100 Radiation Monitoring.
11-4-1110 Reserved.
11-4-1115 Reserved.
11-4-1120 Reserved.
11-4-1125 Reserved.
11-4-1130 Reserved.
11-4-1140 Reserved.
11-4-1150 Reserved.
11-4-1160 Reserved.
11-4-1170 Reserved.
11-4-1180 Reserved.
11-4-1190 Reserved.
11-4-1200 Tier II notification – When required.
11-4-1210 Reserved.
11-4-1220 Reserved.
11-4-1230 Reserved.
11-4-1240 Reserved.
11-4-1250 Reserved.
11-4-1260 Reserved.
11-4-1270 Reserved.
11-4-1280 Reserved.
11-4-1290 Reserved.
11-4-1300 Reserved.
11-4-1310 Reserved.
11-4-1320 Reserved.
11-4-1330 Reserved.
11-4-1340 Reserved.
11-4-1350 Reserved.
11-4-1360 Reserved.
11-4-1370 Reserved.
11-4-1380 Reserved.
11-4-1390 Reserved.
Article VIII. Pollution of Waters
11-4-1410 Disposal in waters prohibited.
11-4-1420 Ballast tank, bilge tank or other discharge.
11-4-1430 Waste retention tank.
11-4-1440 Wharfs, docks and similar structures in unsafe condition.
11-4-1450 Gas manufacturing residue.
11-4-1460 Enforcement.
Article IX. Solid and Liquid Waste Control
11-4-1490 Definitions.
11-4-1500 Treatment and disposal of solid or liquid waste.
11-4-1520 Permit – Application.
11-4-1525 Permit – Conditions of issuance.
11-4-1527 Permit fees.
11-4-1530 Compliance with rules and regulations required.
11-4-1540 Reports.
11-4-1550 Operational requirements.
11-4-1560 Screening requirements.
11-4-1570 Compliance with other code provisions required.
11-4-1580 Inspections – Jurisdiction.
11-4-1585 Person responsible for waste removal.
Article X. Phosphorus Control
11-4-1610 Definitions.
11-4-1620 Labeling of detergents.
11-4-1630 Limitations on phosphorus content.
Article XI. Solid Waste Management Review Committee
11-4-1640 Reserved.
11-4-1650 Duties.
11-4-1660 Special permit – Hearing – Findings.
11-4-1670 Severability.
Article XII. Electric Utility Franchise Control and Enforcement
11-4-1680 Definitions.
11-4-1690 Modification or termination of agreement.
11-4-1700 Provision of information to city council committee.
11-4-1710 Report of annual meeting.
11-4-1720 Report of inspection.
11-4-1730 Report on energy efficiency meeting.
11-4-1740 Report on energy conservation.
11-4-1750 Advertising budget.
11-4-1760 City building audits.
11-4-1770 Cogeneration.
11-4-1780 Residential bills.
11-4-1790 Report on other relevant jurisdictions.
11-4-1800 Legislative review.
11-4-1810 Annual report.
Article XIII. Recycling
11-4-1820 Findings.
11-4-1830 Liberal construction of provisions.
11-4-1840 Recycling coordinator – Responsibilities.
11-4-1850 Reserved.
11-4-1860 Regular recycling service.
11-4-1870 Reserved.
11-4-1880 Fee-for-service contracts.
11-4-1890 Promotion of economic development – Markets for recycled materials.
11-4-1900 Reserved.
Article XIV. Reprocessable Construction/Demolition Material
11-4-1905 Construction or demolition site waste recycling.
11-4-1910 Definitions.
11-4-1920 Purpose and title.
11-4-1930 Reprocessable construction / demolition material permit.
11-4-1935 Construction site reprocessing authorization.
11-4-1940 Reserved.
11-4-1950 Reprocessing requirement.
11-4-1960 Annual permit filing fee.
11-4-1961 Fee on generation of construction or demolition debris.
11-4-1962 Construction/demolition debris management fund.
11-4-1970 Reprocessing device requirement.
11-4-1980 Testing of materials.
11-4-1990 Reports and recordkeeping.
11-4-2000 Operating requirements.
11-4-2010 Closure.
11-4-2020 Security.
11-4-2030 Compliance with other code provisions.
11-4-2040 Inspection – Jurisdiction.
11-4-2050 Enforcement.
11-4-2060 Prospective effect.
11-4-2070 Definitions.
11-4-2080 City waste prevention program.
Article XVI. Flammable Liquid Tank Regulations
11-4-2090 Definitions.
11-4-2100 Permit required.
11-4-2110 Review and approval of plans and specifications; revocation; permit not transferable.
11-4-2115 Underground tank storage regulations.
11-4-2120 Waiver of permit fee.
11-4-2130 Penalty for violation.
Article XVII. Fuel and Lubrication Facilities
11-4-2140 Fuel and lubrication facilities.
Article XVIII. Asbestos, Sandblasting, and Grinding Standards
11-4-2150 Environmental standards related to the demolition, renovation, asbestos abatement and maintenance, sandblasting, chemical washing, and grinding of buildings, facilities or other structures.
11-4-2160 Powers and duties of the commissioner.
11-4-2170 Demolitions and renovations: permit and notification requirements; performance standards for asbestos abatement; control and disposal of dust and debris.
11-4-2180 Owner responsibilities for maintenance of asbestos containing material in facilities, buildings, or other structures.
11-4-2190 Sandblasting, grinding and chemical washing of buildings, facilities or other structures; permit and notification requirements; performance standards for lead paint abatement; and disposal of debris.
11-4-2195 Spraying of asbestos prohibited – Exceptions.
11-4-2200 Violations – Public nuisance – Civil penalties – Joint and several liability.
11-4-2205 Enforcement – Cease and desist orders – Abatement – Cost recovery – Termination of city contracts and licenses.
11-4-2207 Severability.
Article XIX. Reserved
11-4-2230 Reserved.
11-4-2240 Reserved.
11-4-2250 Reserved.
11-4-2260 Reserved.
11-4-2270 Reserved.
11-4-2280 Reserved.
11-4-2290 Reserved.
11-4-2300 Reserved.
11-4-2310 Reserved.
11-4-2320 Reserved.
11-4-2330 Reserved.
11-4-2340 Reserved.
11-4-2350 Reserved.
11-4-2360 Reserved.
11-4-2370 Reserved.
11-4-2380 Reserved.
11-4-2390 Reserved.
11-4-2400 Reserved.
11-4-2410 Reserved.
11-4-2420 Reserved.
11-4-2430 Reserved.
Article XX. Recycling Facility and Urban Farm Accessory Composting Permits
11-4-2510 Definitions.
11-4-2520 Permit – Required.
11-4-2525 Permit issuance prohibited.
11-4-2530 Permit – Application.
11-4-2535 Annual report required.
11-4-2540 Permit – Classification.
11-4-2545 Urban farm accessory composting operation.
11-4-2550 Permit – Fees.
11-4-2560 Permit – Term – Nontransferability.
11-4-2565 Class V recycling facilities– Permitting, operational and recordkeeping requirements.
11-4-2570 Recyclable materials – Designated.
11-4-2580 Recyclable materials – Segregation and storage.
11-4-2590 Recyclable materials – Receptacles.
11-4-2600 Recyclable materials – Storage areas to be kept clean.
11-4-2610 Building and fire regulations – Applicable.
11-4-2620 Storage time limit – Maintenance of records.
11-4-2625 Prohibited and regulated materials.
11-4-2630 Inspection.
11-4-2640 Facility requirements.
11-4-2645 Identification of vehicles.
11-4-2650 Exemptions from Article XX provisions.
11-4-2655 Inspection by the police department.
11-4-2657 Prohibited activities.
11-4-2660 Rules and regulations authorized.
11-4-2670 Reserved.
11-4-2680 Violation – Penalty.
Article XXI. Reserved
Article XXII. Invasive Species Control
11-4-3000 Definitions.
11-4-3010 List of regulated invasive species.
11-4-3020 Regulated invasive species.
11-4-3030 Enforcement.
Article XXIII. Reserved.
11-4-4000 Reserved.
11-4-4010 Reserved.
11-4-4020 Reserved.
11-4-4030 Reserved.
11-4-4040 Reserved.
11-4-4050 Reserved.
ARTICLE I. GENERAL PROVISIONS (11-4-010 et seq.)
Except as otherwise provided, the provisions of this chapter, known as the Chicago Environmental Protection and Control Ordinance, shall be enforced by the commissioner of the department of health. All duties and powers granted herein shall be exercised by each such official.
(a) It shall be unlawful for any person to knowingly violate a stop work order, or to knowingly cause, permit, encourage, assist, aid, abet or direct another person to violate a stop work order, or to knowingly in any manner be a party to a violation of a stop work order.
Any person who violates this subsection upon conviction shall be punished, as follows:
(i) incarceration for a term not less than three days, nor more than six months, under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and the Illinois Code of Criminal Procedure of 1963, as amended; and
(ii) community service of not less than 10 hours, nor more than 100 hours; and
(iii) a fine of $5,000.
(b) It shall be unlawful for any person to knowingly destroy, deface, remove, damage, impair, mar, cover or obstruct any stop work order that a city official has posted or affixed at a work site.
Any person who violates this subsection upon conviction shall be punished, as follows:
(i) incarceration for a term not less than three days, nor more than six months, under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and the Illinois Code of Criminal Procedure of 1963, as amended; and
(ii) community service of not less than ten hours, nor more than 100 hours; and
(iii) a fine not less than $200.00, nor more than $500.00.
(Prior code § 17-1.1; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 12-4-02, p. 99026, § 2.4; Amend Coun. J. 12-15-04, p. 40435, § 3; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
(a) Definitions.
(1) For the purposes of Chapter 11-4 of this Code, “imminent and substantial risk to the public health or safety or to the environment” shall include a threat to human health or safety or to the environment that is expected to occur within a reasonably short time, or that is present now, although the impact of the threat may not be felt until later.
(2) For the purposes of this section, “cease and desist” or “cessation” shall mean stopping or suspension or bringing an end to a particular course of action or conduct, including but not limited to the closure of any business or part of any business or the closure or dismantling of any equipment.
(3) For the purposes of this section, “abate” or “abatement” shall include the remediation or correction of any activity or condition that amounts to a public nuisance or a violation of any of the provisions of this Code which are under the jurisdiction of the commissioner or the rules and regulations promulgated thereunder or the conditions of any permit or authorization issued thereunder, including but not limited to the controlling, sealing, removing or disposing of any such activity or condition.
(4) For the purposes of subsection (b)(4) of this section, “current threat” shall mean an emergency that (i) poses a direct and serious threat to human health or safety or to the environment, and (ii) which is occurring now.
(b) Emergency cessation and abatement.
(1) Emergency cessation – Authority. The commissioner is hereby authorized to issue an emergency cessation order to any person who the commissioner concludes is (i) causing, creating or contributing to any activity or condition that poses an imminent and substantial risk to the public health or safety or to the environment; or (ii) operating a facility or conducting an activity without a required permit or other written authorization issued by the commissioner.
(2) Emergency abatement – Authority. In the event that the commissioner concludes that any person is causing, creating or contributing to any activity or condition that has created, or is creating, an imminent and substantial risk to the public health or safety or to the environment, then the commissioner may order such person to abate the risk within a time frame prescribed by the commissioner.
(3) Duty to comply. Upon service of an order issued under this subsection (b), the person to whom the order is issued shall immediately comply with the requirements of the order. The duty to comply with such order shall arise at the moment of service of the order and shall continue until the time of cancellation, if any, of such order by the commissioner, or until the order automatically expires in accordance with subsection (b)(9) of this section. Submittal of a demand for hearing as set out in subsection (b)(6) of this section shall not relieve any person of the duty to comply with the order issued by the commissioner.
(4) Authority to abate.
(i) If the person to whom an order was issued under this subsection (b) does not comply with the requirements in the order as ordered by the commissioner, then the commissioner may undertake any abatement activities reasonably necessary to correct any imminent and substantial risk to the public health or safety or to the environment.
(ii) Nothing in this subsection shall be construed to prevent the commissioner from acting without issuing an emergency abatement or emergency cessation order, where issuing such order is not practicable and the activity or condition poses a current threat to public health or safety or to the environment, nor shall this section be construed to deny any common law right to anyone to abate a nuisance.
(5) Cancellation of order. The commissioner shall cancel a cessation or abatement order issued by the commissioner in accordance with this subsection (b) when the commissioner determines that the person to whom an order was issued has complied with the requirements in the order as ordered by the commissioner. Cancellation of the commissioner's order shall be made in writing and shall be served in the same manner as an order or notice may be served.
(6) Demand for a hearing. The person to whom an order was issued pursuant to this subsection (b) shall have 14 calendar days from the service date of the order to notify the commissioner, on the appropriate form as provided by the commissioner, of her or his demand for a hearing. Failure to notify the commissioner of a demand for a hearing in accordance with this subsection shall constitute a waiver of the opportunity for a hearing.
(7) Initiation of a hearing. Within 7 calendar days of receiving a demand for a hearing on the appropriate form as provided by the commissioner, the commissioner shall initiate an administrative hearing in the department of administrative hearings, environmental safety hearings division, specifying the basis for the order, any related violations alleged in the order, and any allegation of noncompliance with such order. At the time of initiating such hearing, the commissioner shall serve notice upon the person demanding the hearing of the date, time, the location of the hearing, and the penalties for failure to appear at the hearing.
(8) Hearing. The hearing shall be commenced in the department of administrative hearings, environmental safety hearings division, no later than 14 calendar days after the date on which the commissioner received the demand for such hearing, unless a later hearing date is scheduled upon mutual consent of the parties. Upon the conclusion of the hearing, in addition to the finding of liability or no liability and imposing of fines and penalties consistent with this section, the administrative hearings officer shall have the authority to affirm or vacate the commissioner's order.
(9) Expiration of order. If a hearing is not initiated or commenced in accordance with the terms set out in subsection (b)(7) or subsection (b)(8) above, then the order that would have been the subject of such hearing shall expire at 11:59 P.M. on the fourteenth calendar day after the date on which the commissioner received notice of the demand for a hearing or at 11:59 P.M. on the hearing date scheduled upon mutual consent of the parties.
(c) Non-emergency cessation and non-emergency abatement.
(1) Non-emergency cessation – Authority. The commissioner is hereby authorized to issue a non- emergency cessation order to any person, in the event that the commissioner determines that any such person is violating any of the provisions of this Code which are under the jurisdiction of the commissioner or the rules and regulations promulgated thereunder or the conditions of any permit or authorization issued thereunder, but such violation does not pose an imminent and substantial risk to the public health or safety or to the environment as defined in subsection (a)(1) above.
(2) Non-emergency abatement – Authority. If the commissioner determines that any person is violating any of the provisions of this Code which are under the jurisdiction of the commissioner or the rules and regulations promulgated thereunder or the conditions of any permit or authorization issued thereunder, but such violation has not created, or is not creating, an imminent and substantial risk to the public health or safety or to the environment as defined in subsection (a)(1) above, then the commissioner may provide the person with a written order to address and correct the violation(s) within a time frame prescribed by the commissioner.
(3) Cancellation of order. The commissioner shall cancel a cessation or abatement order issued by the commissioner in accordance with this subsection (c) when the commissioner determines that the person to whom an order was issued has complied with the requirements in the order as ordered by the commissioner. Cancellation of the commissioner's order shall be made in writing and shall be served in the same manner as an order or notice may be served.
(4) Duty to comply and demand for a hearing. Any person to whom the commissioner issues an order under this subsection (c) shall comply with such order as ordered by the commissioner; provided, however, that if the person contests the order, she or he shall notify the commissioner within 15 calendar days from the service date of the order, on the appropriate form as provided by the commissioner, of her or his demand for a hearing. If the person notifies the commissioner of her or his demand for a hearing in accordance with this subsection, the order shall be stayed by the commissioner until the department of administrative hearings issues a final determination finding the person liable for one or more of the violations, or not liable for any of the violations, specified in the commissioner's order, or affirming or vacating the commissioner's order. Failure to notify the commissioner of a demand for a hearing in accordance with this subsection shall constitute a waiver of the opportunity for a hearing, and the person to whom the commissioner issued an order shall comply with the order and shall not recommence any operations or activities prohibited by such order unless the order is cancelled by the commissioner.
(5) Initiation of a hearing. Within 30 calendar days of receiving a demand for a hearing on the appropriate form as provided by the commissioner, the commissioner shall initiate an administrative hearing in the department of administrative hearings, environmental safety hearings division, specifying the basis for the order, and any related violations alleged in the order. At the time of initiating such hearing, the commissioner shall serve notice upon the person demanding the hearing of the date, time, the location of the hearing, and the penalties for failure to appear at the hearing. Upon the conclusion of the hearing, in addition to the finding of liability or no liability and imposing of fines and penalties consistent with this section, the administrative hearings officer shall have the authority to affirm or vacate the commissioner's order.
(6) Expiration of order. If a hearing is not initiated in accordance with the terms set out in subsection (c)(5) above, then the order that would have been the subject of such hearing shall expire at 11:59 P.M. on the thirtieth calendar day after the date on which the commissioner received notice of the demand for a hearing.
(7) Authority to abate. If (i) the person to whom an order was issued under this subsection (c) does not comply with the requirements in the order as ordered by the commissioner, and does not notify the commissioner of her or his demand for a hearing as provided in subsection (c)(4), or (ii) if any person does not comply with the requirements in the order after the department of administrative hearings has affirmed the commissioner's order, and such order has not been stayed by a court of competent jurisdiction, then the commissioner may proceed to control, remove, dispose or otherwise abate the nuisance.
(d) Order or notice.
(1) Content. The order or notice issued by the commissioner under this section shall (i) be in writing; (ii) specify the activities to be ceased or the nuisance to be abated or the violation(s) to be corrected; (iii) specify the time frame within which the activities must be ceased or the nuisance must be abated or the violation(s) must be corrected; (iv) specify any related violations, for which the commissioner seeks any remedy, that the person to whom such order or notice is issued is alleged to have committed; (v) inform such person of the time and manner to request a hearing before the department of administrative hearings, to present evidence as to why the person is not liable for all or any of the violations specified in the commissioner's order, and/or why the order should be vacated, and to contest any allegations specified in the order; and (vi) inform such person of the consequences of failing to request a hearing, and the consequences of failing to comply with the order or notice.
(2) Manner of service. An order or notice issued by the commissioner under this section shall be served (i) by first class or priority mail, or express courier service at the person's residence address or, if the person is a business entity, at any mailing address identified for its registered agent or at its principal place of business; or (ii) by facsimile transmission or e-mail at the person's facsimile or e-mail address or, if the person is a business entity, at the facsimile or e-mail address identified for its registered agent; or (iii) by personal service, including personal service upon an employee or agent of the alleged violator at a place of business of the alleged violator or otherwise if such service is reasonably calculated to give the alleged violator actual notice; or (iv) if service cannot be made by either of (i) or (ii) or (iii) above, when the alleged violator is the owner or manager of the property by posting a copy of the order or notice on the front entrance of the building or other structure where the violation is found, or if the property is unimproved or fenced off, by posting a copy of the order or notice in a prominent place upon the property where the violation is found.
(3) Date of service. An order or notice issued by the commissioner under this section shall be deemed served (i) four days after mailing if issued by first class mail, (ii) upon delivery confirmation or four days after delivery to the United States Postal Service for delivery by priority mail with delivery confirmation if issued by priority mail, whichever occurs sooner, (iii) upon delivery confirmation or four days after delivery to an express courier service if issued by express courier service, whichever occurs sooner, (iv) at 9:00 A.M. on the next business day if issued by facsimile transmission or e-mail, (v) upon delivery if issued by personal service, or (vi) upon posting of the copy of the order or notice if issued as provided in subsection 11-4-025(d)(2)(iv) above.
(e) Penalty, cost recovery and remedies.
(1) Penalty. Failure to comply with an order or notice issued under this section constitutes a violation of this section and is a separate and distinct violation from any related or unrelated violations of any other provision of this Code. Any person who violates subsection (b) of this section shall pay a penalty of $5,000 per day for every day the person is in violation; and any person who violates subsection (c) of this section shall pay a penalty of $500 per day for every day the person is in violation. Such person incurs daily penalties for her or his violations of an order or a notice during the pendency of that order or notice, regardless whether that order or notice is ultimately cancelled or modified by the commissioner.
(2) Cost recovery. The city shall be authorized to bring a civil action to recover penalties from the person to whom an order or notice was issued under this section, and up to the amount of three times the abatement costs incurred by the department plus its attorney fees may be recovered in an appropriate action instituted by the corporation counselor or in a proceeding initiated by the commissioner at the department of administrative hearings.
(3) Liability. In addition to the penalties set forth herein-above, any person adjudicated liable for any related or unrelated offenses alleged by the commissioner in an administrative hearing held pursuant to this section shall also be liable for all applicable penalties for those violations.
(4) Injunction. In addition to any other remedies, penalties or means of enforcement, the commissioner may request the corporation counsel to make application on behalf of the city to any court of competent jurisdiction for an injunction requiring compliance with this section or for such other order as the court may deem necessary or appropriate to secure such compliance.
(Added Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
(a) Any person who operates a facility without a required permit or written authorization from the commissioner shall pay a penalty of not less than $1,000 nor more than $10,000 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(b) Any person who operates a facility requiring a permit or written authorization from the commissioner, where such operation (1) exceeds or does not comply with the facility's plans and specifications as reviewed and approved by the commissioner; or (2) violates any condition imposed by the permit or authorization; or (3) violates any provisions of this chapter applicable to the operation or any regulation promulgated thereunder shall pay a penalty of not less than $300 nor more than $1,000 for the first violation; not less than $500 nor more than $1,500 for the second (2nd) violation for the same offense within one year; and not less than $750 nor more than $5,000 for the third and each subsequent violation for the same offense within one year for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(c) In addition to the penalties provided in this section, in addition to the grounds for permit revocation provided elsewhere in this chapter, and in addition to any special permit condition imposed during the issuance of a permit or authorization, the commissioner may revoke, suspend or specially condition, a permit or written authorization, at any time if the permitted person or entity, any owner or officer of the permitted entity, or any person having control of the permitted entity or any of its operations, has:
(1) violated any provisions of this chapter relevant to the permit or authorization or any regulation promulgated thereunder;
(2) violated any term or condition of the permit or authorization;
(3) violated the Chicago Zoning Ordinance relevant to the permit or authorization or any regulation promulgated thereunder; or
(4) knowingly submitted a materially false or inaccurate statement in the permit or authorization application or any other document submitted to the commissioner in support of such application.
(d) In addition to the penalties provided in this section, the commissioner may issue an emergency or non-emergency cessation or abatement order in accordance with the provisions of Section 11-4-025 of this Code.
(Added Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 2-9-11, p. 112149, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-21-17, p. 61858, Art. VII, § 1)
(a) In addition to the standards for permit issuance set forth elsewhere in this Chapter, the commissioner may deny an application for an initial or renewal permit or written authorization for the following reasons:
(1) where such application does not meet all applicable requirements set forth in the Code; and
(2) where the applicant has not paid all fees required by this Code and any outstanding debts owed to the City as debts are defined in subsection (a) of Section 4-4-150 of this Code.
(b) When an application for issuance or renewal of a permit is denied, the commissioner shall send notice of such denial to the applicant in accordance with the applicable provisions of subsection (d) of Section 11-4-025 of this Code, and provide any such permittee an opportunity to demand a hearing in accordance with the procedures set forth in subsection (c) of Section 11-4-025 of this Code.
(c) The commissioner may impose reasonable permit conditions to protect the public health, safety or welfare of the city.
(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 7-29-15, p. 4110, § 2)
Notes
| 4-4-150 | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
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