11-4-140 Fee on generation of liquid waste.

   (a)   On and after October 1, 1999, a fee is imposed on the generation of liquid waste that is generated within the corporate limits of the city. The liquid waste generator, as defined herein, shall submit the fees directly to the department.

   (b)   For purposes of this section, the term “liquid waste” means any discarded or abandoned material which maintains the physical state of continuous volume relatively independent of pressure and which takes the shape of its container at ambient temperature.

   (c)   For purposes of this section, the term “liquid waste generator” means any natural individual, person, corporation, partnership, trust, association, limited liability company, joint venture, foundation or other legal entity that generates liquid waste and meets one or both of the following criteria:

      (1)   the liquid waste is designated pursuant to Section 5/3.45 of the Illinois Environmental Protection Act as “special waste”, and is containerized and transported off-site;

      (2)   the liquid waste has the potential to adversely impact the public health, safety or welfare of the citizens of Chicago as determined by the commissioner pursuant to Section 2-30-030 of this Code.

   (d)   The fee imposed on each liquid waste generator for the generation of liquid waste as defined in Section 11-4-140(c)(1) and (c)(2) shall be $0.025 per gallon generated for generation equivalent to 360 gallons or more per reporting period.

   (e)   Each liquid waste generator shall submit periodic reporting statements to the department, on forms supplied by the department, certifying the quantities of liquid waste generated during the reporting period. The reporting period shall be January 1 – December 31. Such reports, together with the fee attributable to the liquid waste generated during the reporting period, shall be submitted within 30 days of the last day of the reporting period.

   (f)   Every liquid waste generator shall be subject to periodic audits by the department to assess compliance with the requirements of this section. The department shall have the authority and the right to corroborate quantities of liquid waste reported to the department with quantities reported to the Illinois Environmental Protection Agency.

   (g)   Any person who violates any provision of this section shall be fined not less than $500.00 and not more than $1,000.00 for each offense.

   (h)   Notwithstanding any other provision of this section, generators of liquid waste who are governmental bodies are exempt from the fees and reporting requirements imposed by this section.

   (i)   Notwithstanding any other provision of this section, any facility that is issued a permit to operate as a liquid waste handing facility pursuant to Section 11-4-1525 of this Code is exempt from the fees and reporting requirements imposed by this section.

(Prior code § 17-1.12.1; Added Coun. J. 12-18-86, p. 38637; Amend Coun. J. 9-1-99, p. 10082, § 2; Amend Coun. J. 7-19-00, p. 38286, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

11-4-141 Surcharge on disposal of waste.

   A.   A surcharge is imposed upon the disposal of solid waste at any solid waste disposal facility within the corporate boundaries of the city. The owner or operator of each solid waste disposal facility permitted under this chapter shall pay the surcharge pursuant to the following schedule:

      1.   $0.60 per cubic yard if more than 150,000 cubic yards of nonhazardous solid waste is permanently disposed of at the site in a calendar year, unless the owner or operator weighs the quantity of the solid waste received with a device for which certification has been obtained under the Illinois Weights and Measures Act (225 ILCS § 470/1, et seq.) in which case the fee shall be $1.27 per ton of solid waste permanently disposed of at the site in a calendar year.

      2.   $33,350.00 if more than 100,000 cubic yards, but not more than 150,000 cubic yards, of non- hazardous waste is permanently disposed of at the site in a calendar year.

      3.   $15,500.00 if more than 50,000 cubic yards, but not more than 100,000 cubic yards, of non- hazardous solid waste is permanently disposed of at the site in a calendar year.

      4.   $4,650.00 if more than 10,000 cubic yards, but not more than 50,000 cubic yards, of non- hazardous solid waste is permanently disposed of at the site in a calendar year.

      5.   $650.00 if not more than 10,000 cubic yards of non-hazardous solid waste is permanently disposed of at the site in a calendar year.

   B.   The commissioner shall establish rules and regulations relating to the collection of the surcharge required to be paid by this section.

   C.   The permanent disposal or transport of solid waste which meet the criteria set forth in 415 ILCS § 5/22.16, 5/22.16(a) or 5/22.15(k) (1994) shall be exempt from the surcharge imposed by this section, except that the surcharge imposed under this section shall be applicable to the permanent disposal of solid waste under any contract lawfully executed prior to June 1, 1986 under which more than 150,000 cubic yards (or 50,000 tons) of solid waste is to be permanently disposed of, even though the waste is exempt from the fee imposed by the State of Illinois under 415 ILCS § 5/22.15(b) pursuant to an exemption granted under 415 ILCS § 5/22.16.

(Added Coun. J. 3-6-96, p. 17622)

11-4-142 Reserved.

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed § 11-4-142, which pertained to a fee on new tires.

11-4-150 Liquid waste management fund.

   There is hereby created within the city treasury a special fund to be known as the “liquid waste management fund” constituted from the fees and fines collected pursuant to Section 11-4-140. The fund is to be utilized for the regulation of liquid waste, including monitoring, planning, inspecting, providing technical assistance, and enforcing rules, regulations and ordinances with respect to the management, transportation, disposal, recycling and characterization of liquid waste. This includes hazardous materials incidents, leaking underground storage tanks and liquid waste handling facilities.

(Prior code § 17-1.12.2; Amend Coun. J. 12-18-86, p. 38637; Amend Coun. J. 9-1-99, p. 10082, § 2)

11-4-160 Reserved.

Editor's note – Coun. J. 12-12-07, p. 17167, § 3, repealed § 11-4-160, which pertained to original inspection fees.

11-4-170 Reserved.

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed § 11-4-170, which pertained to periodic inspection fees.

11-4-180 Reserved.

Editor's note – Coun. J. 12-12-07, p. 17167, § 4, repealed § 11-4-180, which pertained to ASME code work fees.

11-4-190 Payment and disposition of fees and fines.

   All fees, fines or penalties prescribed for the issuance of permits, licenses or certificates or for the inspection of premises or equipment, or for the regulation of liquid waste and construction or demolition debris, under any provision of this chapter, shall be paid to the commissioner, or to the comptroller, who shall render to the person making such payment a receipt stating the amount and purpose for which such fee or penalty has been paid. All fees and penalties thus received shall be deposited with the city comptroller for the corporate fund; provided however, that the fees and fines collected pursuant to Section 11-4-140 shall be deposited in the special fund known as the “liquid waste management fund”, as described in Section 11-4-150; and that the fees and fines collected pursuant to Section 11-4-1961 shall be deposited in the special fund known as the “construction/demolition debris management fund”, as described in Section 11-4-1961.

(Prior code § 17-1.16; Amend Coun. J. 12-18-86, p. 38637; Amend Coun. J. 9-1-99, p. 10082, § 3; Amend Coun. J. 12-12-07, p. 17167, § 5; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 9)

11-4-200 Fees – Debt due to city.

   All fees, fines or penalties prescribed for payment required under any provision of this chapter shall constitute a debt due the city. No civil judgment, or any act by the corporation counsel, the commissioner, or the violator, shall bar or prevent a criminal prosecution for each and every violation of this chapter as provided.

(Prior code § 17-1.17; Amend Coun. J. 9-1-99, p. 10082, § 4)