11-4-800 Enforcement.

   (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.

11-4-810 Fines.

   (a)   In addition to any penalty imposed by Section 11-4-800 of this article, and in addition to permanent or temporary injunctive relief that the city may seek in the Circuit Court of Cook County, whenever the commissioner determines that a facility is in violation of any term or condition of an air pollution control permit, certificate of operation, any section of this article, or any regulation promulgated pursuant to this article, the following penalties shall apply:

      (1)   Any owner or operator of any regulated equipment or area who fails to comply with the requirement to timely submit to the department a complete self-certification form as required in section 11-4-690 of this Code, shall be fined not less than $1,000.00 nor more than $5,000.00;

      (2)   Any owner or operator who violates the terms or conditions of any air pollution control permit or certificate of operation provided in this article or rules and regulations promulgated thereunder or imposed by the commissioner pursuant to section 11-4-630 or section 11-4-670 of this Code, shall be fined not less than $1,000.00 nor more than $5,000.00;

      (3)   Any person who operates any regulated equipment or area without an air pollution control permit required under section 11-4-620 of this Code or a certificate of operation required under section 11-4-660 of this Code, shall be fined not less than $1,000.00 nor more than $5,000.00;

      (4)   Any owner or operator of any regulated equipment or area who fails to post an air pollution control permit as required in subsection (b) of section 11-4-620 of this Code or a certificate of operation as required in subsection (c) of section 11-4-660 of this Code shall be fined not less than $200.00 nor more than $500.00;

      (5)   Any person who violates section 11-4-780 of this Code shall be fined not less than $5,000.00 nor more than $10,000.00;

      (6)   Any person who causes or allows air pollution in violation of section 11-4-730 of this Code or, any person who violates the substantive emission standards provided in Part C of this article or any regulation promulgated thereunder, shall be fined not less than $1,000.00 nor more than $5,000.00;

      (7)   Any person who violates any of the provisions of this article or any regulation promulgated thereunder, unless a different fine is imposed pursuant to this section, shall be fined not less than $1,000.00 nor more than $5,000.00;

      (8)   Any person who violates subsection (a) of Section 11-4-715 of this Code shall be fined not less than $5,000.00 nor more than $10,000.00 for each violation. For a violation of an applicable ambient air quality standard, a violation may be found for each three month period of nonattainment or non-maintenance, or such other time period as determined in accordance with 40 C.F.R. Part 50, Appendix R, as amended; and

      (9)   Any person who fails to submit a required quarterly emissions report under subsection (c) of Section 11-4-715 of this Code shall be fined not less than $200.00 nor more than $500.00 for each day after the due date that a complete quarterly emissions report has not been submitted to the department.

   (b)   Each day of any violation of the provisions of this article shall constitute a separate and distinct offense, and for each such violation the fines imposed in subsection (a) above shall be assessed per day.

(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 7-28-11, p. 4950, § 1; Amend Coun. J. 4-18-12, p. 23675, § 1)

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-810, which prohibited municipal waste-burning equipment and municipal waste-burning.

11-4-820 Reserved.

Editor's note – Coun. J. 7-19-00, p. 38293, § 1, repealed § 11-4-820, which pertained to refuse-burning equipment – testing – plates or tags.

11-4-830 Reserved.

Editor's note – Coun. J. 9-1-99, p. 10096, § 1, repealed § 11-4-830, which pertained to sandblasting – permit required.

11-4-840 Reserved.

Editor's note – Coun. J. 9-1-99, p. 10096, § 1, repealed § 11-4-840, which pertained to sandblasting permit – application.

11-4-850 Reserved.

Editor's note – Coun. J. 9-1-99, p. 10096, § 1, repealed § 11-4-850, which pertained to rescheduling sandblasting operation.

ARTICLE III. BOILERS AND UNFIRED PRESSURE VESSELS (11-4-860 et seq.)

11-4-860 Definitions.

   Definitions relating to Article III will be found in Article I, Section 11-4-120.

(Prior code § 17-2A.1)