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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 J. 10-7-09, p. 73413, § 1, repealed former § 11-4-750, which pertained to dilution or concealment of emissions.
(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.
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.
(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.)
(a) Testing by the commissioner. If the commissioner has evidence of a violation of any emission limitation contained in or incorporated by reference in this article, the commissioner may conduct, or cause to be conducted, any test on any regulated equipment or area, with a potential to emit air pollution, to determine the extent of actual or potential emissions from such regulated equipment or area. The owner or operator of a regulated equipment or area shall enable the commissioner to take all such tests. This may include, but is not limited to, providing the commissioner with any necessary (i) access to, and into, all parts and elements of the regulated equipment or area, such as ducts, vents or machine parts; and (ii) assistance in gaining access to any part or element of the regulated equipment or area, including, but not limited to, providing ladders, scaffolding or platforms.
Any test to be conducted on the premises where such regulated equipment or area is located shall be made during reasonable hours, after written notice to, and with the cooperation of, the owner or operator of the regulated equipment or area. Test ports are required on all process equipment and incinerators.
(b) Stack testing. If the commissioner has evidence of a violation of any emission limitation contained in or incorporated by reference in this article, the commissioner may request any owner or operator to whom a certificate of operation has been issued to perform a stack test at no cost to the city to demonstrate compliance with all applicable environmental regulations.
The owner or operator of any regulated equipment or area shall provide, upon request by the department and without charge to the city, necessary holes in stacks, ducts and other safe and proper testing facilities, including scaffolding, but excluding instruments and sensing devices as may be necessary for the conduct of a stack test.
(c) Costs of testing by the commissioner. If tests conducted at the direction of the commissioner pursuant to this section confirm that emissions from a regulated equipment or area are in violation of this article, the cost of the tests and associated calculations shall be paid by the owner, operator or permittee of the subject regulated equipment or area. The costs of the test shall be a debt owing the city. This debt shall be collectible in the same manner as any other personal liability.
(d) Testing and reporting required by owner or operator. If the commissioner has evidence of a violation of any emission limitation contained in or incorporated by reference in this article, the commissioner may require that the owner or operator or other person responsible for a regulated equipment or area in the city to conduct or cause to be conducted any monitoring of, and tests on, any regulated equipment or area as is necessary to determine the extent of actual or potential emissions from such regulated equipment or area. The commissioner may require any owner or operator of a regulated equipment or area to provide all journals, logs, reports, summaries, evaluations and other information as is necessary to determine the extent of actual or potential emissions from such regulated equipment or area.
(e) Inspections. The commissioner, or any person acting on behalf of the commissioner, may enter and inspect any structure, establishment, premises or other place for the purpose of enforcing and administering this article or any order, regulation or rule issued pursuant to this article.
(f) Denial of inspection access. If any person in any way denies, obstructs or hampers any entrance or refuses to provide requested information during inspection by the commissioner, the commissioner may withhold or revoke the air pollution control permit and/or certificate of operation for the subject regulated equipment or area owned or operated by the person denying, obstructing or hampering such entrance or inspection.
(Added Coun. J. 10-7-09, p. 73413, § 1)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-790, which pertained to jurisdiction and authority of the Commissioner.
(a) Rules and regulations. The commissioner may issue rules and regulations to implement the provisions of this article.
(b) Abatement orders. Upon finding a violation of Section 11-4-715(a), any emission limitation, performance standard or permit requirement set forth in this chapter or any air pollution control permit or certificate of operation condition imposed by the commissioner pursuant to this article, the commissioner may 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 causes such violation. Such cessation or abatement order may be in addition to the administrative proceedings, fines and penalties herein provided.
(c) Dilution or concealment of emissions prohibited. It shall be unlawful for any person to build, erect, install, use or alter any article, machine, equipment or other contrivance that dilutes, reduces or conceals an emission without reducing the quantity of pollutants released into the atmosphere and which, in its unaltered condition, would constitute a violation of Sections 11-4-700, 11-4-720, or 11-4-730 of this article.
(d) Duty to instruct. Failure of any person as owner or agent, operator, member of any operating crew, engineman, fireman, janitor or a person in any other capacity to comply with any provision of this chapter shall be deemed a violation of this article and shall be subject to the fines and penalties as hereinafter provided. It shall be the duty of owners or agents of any regulated equipment or area to instruct or cause to be instructed, the operators, operating crews, enginemen, firemen, hostlers, janitors or any other person operating such regulated equipment or area about the proper operation of such regulated equipment or area.
(e) Defect notice. The commissioner may issue defect notices to persons operating any regulated equipment or area in violation of any requirement of this chapter or any condition imposed pursuant to the provisions of this article. Nothing in this section shall require the commissioner to issue a defect notice prior to commencing other legal or administrative action except as provided in subsection (b) of this section.
(f) Remedy for injury. Nothing in this chapter shall be construed to impair any cause of action or legal remedy therefore, of any person for injury or damage arising from the discharge, emission or release into the atmosphere from any source whatsoever of such quantities of smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic or radioactive substances, waste, particulate solid, liquid or gaseous matter or any other materials in such place, manner or concentration as to constitute air pollution.
(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 7-28-11, p. 4950, § 1)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-800, which pertained to notification and report of breakdown of equipment.
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