11-4-730 Air pollution prohibited.

   It shall be unlawful within the City of Chicago for any person to cause, suffer or allow the emission of air pollution; provided, however, emissions in compliance with state or federal law or regulations shall not constitute air pollution.

(Added Coun. J. 10-7-09, p. 73413, § 1)

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-730, which pertained to surfacing of lots and roadways.

11-4-740 Open fires prohibited.

   It shall be unlawful to burn paper, wood, garbage, leaves, building construction, demolition debris or any other combustible material in open fires or in metal containers.

   The commissioner shall implement the rules and regulations set forth in Part 237.120 of 35 Illinois Administrative Code, Open Burning, as promulgated by the State of Illinois Pollution Control Board and subject to amendment from time to time.

(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-740, which also prohibited open fires.

11-4-750 Surfacing of lots and roadways.

   No person shall maintain or conduct or cause to be maintained or conducted any parking lot or automobile or truck sales lot or use any real property for a private roadway without taking reasonable precautions to minimize air pollution, including, but not limited to, covering or treating such real property with a surface or substance, and complying with applicable laws.

(Added Coun. J. 10-7-09, p. 73413, § 1)

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-750, which pertained to dilution or concealment of emissions.

11-4-760 Handling and storage of material susceptible to becoming windborne.

   (a)   Material handling: No person shall cause or permit the use, handling, loading, unloading, storing, depositing, or scattering of any substance or material that may become airborne or be scattered by the wind without taking reasonable precautions to minimize windborne particulate matter.

   (b)   Material storage: No person shall operate or maintain, or cause to be operated or maintained, any building, structure, premises, open area, right-of-way or enterprise which contains, uses or involves any substance or material that may become airborne or be scattered by the wind without taking reasonable precautions to minimize windborne particulate matter.

   (c)   Material piles: Owners and operators of, and general contractors and subcontractors working at, sites with material piles shall employ dust control measures to ensure that no visible dust or dirt from material piles migrates off the site. Work with material piles shall be suspended as necessary during high winds (in excess of 15 miles per hour) unless alternate measures are implemented to effectively control dust.

   (d)   Track out onto the public way: Owners and operators of, and any general contractor or subcontractor working at, any property shall ensure that mud, dirt, and other debris is not tracked onto the public way. The Commissioner or the Commissioner of the Department of Streets and Sanitation may require property owners, operators, general contractors and subcontractors to employ a street sweeper, water truck, truck wash, or other device to control the track out of mud, dust, and debris onto the public way.

   (e)   Rules and regulations. The commissioner is authorized to promulgate additional rules and regulations for the proper management of any substance or material that may become airborne or be scattered by the wind.

   (f)   Enforcement. The department of health and the department of streets and sanitation are authorized to enforce the provisions of this section.

(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-21-17, p. 61755, Art. IV, § 3)

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-760, which pertained to smoke and gases from internal combustion engines of vehicles.

11-4-770 Commissioner – Jurisdiction and authority.

   The commissioner shall have jurisdiction and authority over the sources of any matter, material or substance likely to be scattered by the wind or susceptible to becoming airborne or a contributing factor to air pollution and shall have authority to issue an emergency or non-emergency cessation order or an emergency or non-emergency abatement order in accordance with the provisions of section 11-4-025 of this Code to any person who caused the windborne nuisance, and to instigate prosecutions for violations of any provision of this chapter or any other chapter of this Code relating to the eradication or control of matter susceptible to being windborne. For the purpose of minimizing air pollution, the commissioner may prescribe, by rules and regulation, reasonable, specific operating and maintenance practices for buildings, structures, premises, open areas, automobiles and/or truck parking and sales lots, private roadways, rights-of-way, storage piles of materials, yards, vessels, vehicles, construction, sandblasting, alteration, building, demolition or wrecking operations and any other enterprise which has or involves any matter, material or substance susceptible to being windborne and for the handling, transportation, disposition or other operation with respect to any material subject to being windborne.

(Added Coun. J. 10-7-09, p. 73413, § 1)

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-770, which pertained to handling of material susceptible to becoming windborne.

11-4-780 Refuse burning, municipal waste- burning equipment and municipal waste burning – Prohibited.

   (a)   It shall be unlawful to burn refuse, garbage or other debris in any boiler or any unit which has not been specifically designed for that purpose and for which an effective certificate of operation has not been issued.

   (b)   It shall be unlawful to install or replace a municipal waste incinerator in the City of Chicago and the burning of municipal waste in any incinerator shall be strictly prohibited except when required by state or federal law; provided, however, the prohibition in this section shall not apply to facilities that convert waste to fuel, steam, electricity, energy, or other resources in a properly-permitted facility.

(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-780, which pertained to storage of materials susceptible to becoming windborne.

Part D. Enforcement and Penalties (11-4-790 et seq.)