11-4-1580 Inspections – Jurisdiction.

   Inspections of liquid waste handling facilities, recycling facilities, incinerators, resource recovery facilities, sanitary landfills, and transfer stations shall be under the jurisdiction of the commissioner.

(Prior code § 17-6.10; Amend Coun. J. 3-8-89, p. 25433)

11-4-1585 Person responsible for waste removal.

   (a)   Any owner, occupant, agent, or person in possession or control of any residence or business or lot or unimproved parcel of real estate shall remove or cause to be removed any waste located on any such residence or place of business or lot or real estate, or any portion thereof. Any unremoved waste is hereby declared to be a public nuisance. Any owner or other person found in violation of this section shall be punished by a penalty of not less than $750.00 and not more than $5,000.00 for each offense and each day that such a violation continues shall constitute a separate and distinct offense. This section shall not apply to any governmental entity nor to any owner upon whose lot or parcel such material is permitted to accumulate pursuant to a properly issued license or permit in accordance with zoning provisions of this Code governing special uses in general and heavy manufacturing districts. For purposes of this section, an “agent” of any unimproved lot shall include a person who contracts with the federal government or any of its agencies, including without limitation the Department of Housing and Urban Development, to care for vacant residential real estate.

   (b)   In the event that the Commissioner determines that any activity or condition in violation of the provisions of this section has created, or is creating an imminent and substantial risk to the public health or safety or to the environment, then the Commissioner may issue an emergency abatement order, and may require any residence or business or lot or unimproved parcel of real estate to be immediately closed or secured, or may abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code.

   (c)   If the Commissioner determines that any person is violating any of the provisions of this section, 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, then the Commissioner may provide such person with a written order to abate the nuisance within a time frame prescribed by the Commissioner. In the event that any such person fails to abate such nuisance in accordance with the Commissioner's order to abate, then the Commissioner may proceed to control, remove, dispose or otherwise abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code.

   (d)   In addition to any other penalties imposed in this article, the City shall be entitled to recover a penalty in the amount up to three times the cost or expense incurred by the City in abating the nuisance in an appropriate action instituted by the Corporation Counsel or in a proceeding initiated by the Commissioner at the Department of Administrative Hearings.

(Added Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 10-11-17, p. 56894, § 2)

11-4-1590 Violation of Section 11-4-1530 , 11-4-1540 , 11-4-1550 or 11-4-1560 – Penalty.

   (a)   Any person who violates Section 11-4-1530, 11-4-1540, 11-4-1550 or 11-4-1560 of this article shall be punished by a penalty of $1,000.00 for the first offense and $2,000.00 for the second and each subsequent offense. Each day that a violation continues shall constitute a separate and distinct offense. In addition to any other penalty imposed under this article, the provisions of Section 11-4-1600(e) shall be applicable.

   (b)   Any person who disposes of hazardous waste or radioactive waste in violation of this chapter commits an offense that may be punishable as a misdemeanor by incarceration in a penal institution other than a penitentiary for a period not less than 30 days and not more than six months.

(Prior code § 17-6.11; Amend Coun. J. 3-8-89, p. 25433; Amend Coun. J. 3-6-96, p. 17628; Amend Coun. J. 11-3-04, p. 34974, § 3)

11-4-1600 Violation of Section 7-28-390 , 7-28-440 , or 11-4-1500 – Penalty.

   (a)   Fines.

      (1)   Any person found in violation of Sections 7-28-390, 7-28-440, or 11-4-1500 shall be fined according to the following schedule (quantities of solid

waste appear as cubic yards and quantities of liquid waste appear as gallons):

         (i)   Up to 20 cubic yards of solid waste and up to 20 gallons of liquid waste: not less than $1,500.00 and not more than $2,500.00

         (ii)   Greater than 20 cubic yards or 20 gallons, but up to 50 cubic yards or 50 gallons: $5,000.00

         (iii)   Greater than 50 cubic yards or 50 gallons, but up to 100 cubic yards or 100 gallons: $10,000.00

         (iv)   Greater than 100 cubic yards or 100 gallons: $30,000.00

      (2)   Solid waste quantities above 500 cubic yards, as determined by a topographical survey, shall be subject to an additional $20.00 per cubic yard, plus the cost of the topographical survey.

      (3)   Liquid waste that is hazardous shall be subject to an additional $100.00 per gallon.

      (4)   For each subsequent day that waste dumped, deposited, disposed, released, treated or placed in violation of Section 7-28-390, 7-28-440, or 11-4-1500 remains at the location where it was dumped, deposited, disposed, released, treated or placed, the person found in violation shall be subject to an additional fine of $10,000.00 per day.

      (5)   If any waste dumped, deposited, disposed, released, treated or placed in violation of Section 7-28-390, 7-28-440, or 11-4-1500 migrates to another location, such as another property or the public way, the person found in violation shall be subject to an additional fine of $10,000.00 per day.

   (b)   In addition to any other penalties imposed under this section, the registered owner of record of any vehicle who knew or should have known that his or her vehicle was used in violation of Section 7-28-390, 7-28-440, or 11-4-1500 shall be jointly and severally liable with any person operating or in control of the vehicle at the time of the violation.

   (c)   The Commissioner shall have the authority to issue an emergency or a non-emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code to stop any person from proceeding with any activity regulated under Section 7-28-390, 7-28-440, or 11-4-1500 when the Commissioner has reason to believe that such activity either is proceeding in violation of any provision under those sections or is otherwise in contravention of the public interest.

   (d)   (1)   Emergency abatement. In the event that the Commissioner or the Commissioner of Streets and Sanitation determines that any activity in violation of Section 7-28-390, 7-28-440, or 11-4-1500 has created, or is creating, an imminent and substantial risk to the public health or safety or to the environment, then the Commissioner or the Commissioner of Streets and Sanitation may order the owner of the vehicle, the operator of the vehicle, and any other person involved in the performance of the subject activity to abate the threat within a time frame prescribed by the Commissioner or the Commissioner of Streets and Sanitation. In the event that any person fails to abate such threat in accordance with the Commissioner's or the Commissioner of Streets and Sanitation's order, the Commissioner or the Commissioner of Streets and Sanitation may proceed to control, remove, dispose or otherwise abate the threat.

      (2)   Non-emergency abatement. In the event that the Commissioner or the Commissioner of Streets and Sanitation determines that any activity in violation of Section 7-28-390, 7-28-440, or 11-4-1500 has not created, or is not creating, an imminent and substantial risk to the public health or safety or to the environment, the Commissioner or the Commissioner of Streets and Sanitation may provide the owner of the vehicle, the operator of the vehicle or any other person involved in the performance of the subject activity with written notice to abate the nuisance within a time frame prescribed by the Commissioner or the Commissioner of Streets and Sanitation. In the event that any person fails to abate such nuisance in accordance with the Commissioner's or the Commissioner of Streets and Sanitation's notice to abate, the Commissioner or the Commissioner of Streets and Sanitation may proceed to control, remove, dispose or otherwise abate the nuisance in accordance with the provisions of this Code.

      (3)   In addition to any other penalties imposed in this section, the City shall be entitled to recover a penalty in the amount up to three times the cost or expense incurred by the City in abating the nuisance in an appropriate action instituted by the Corporation Counsel or in a proceeding initiated by the Departments of Health or Streets and Sanitation at the Department of Administrative Hearings.

   (e)   All City contracts advertised, or if not advertised, awarded, 90 days after the effective date of this ordinance shall include a provision that a violation of Section 7-28-390, 7-28-440, 11-4-1410, 11-4-1420, 11-4-1450, 11-4-1500, 11-4-1530, 11-4-1550, or 11-4-1560 by the contractor, whether or not in the performance of the agreement, shall constitute a breach of the contract.

   (f)   (1)   In addition to any other penalty imposed in this section, the owner of record of any motor vehicle used in violation of Section 7-28-390, 7-28-440, or 11-4-1500 shall be liable to the City for an administrative penalty of $500.00 plus any applicable towing and storage fees. Any such vehicle shall be subject to seizure and impoundment pursuant to this section.

      (2)   Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its agent. When the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under Section 2-14-132 of this Code.

      (3)   The provisions of Section 2-14-132 shall apply whenever a motor vehicle in seized and impounded pursuant to this section.

   (g)   The City may obtain permanent or temporary injunctive relief in the Circuit Court of Cook County, Illinois, for any violation of Section 7-28-390, 7-28-440, or 11-4-1500.

(Prior code § 17-6.12; Added Coun. J. 10-28-87, p. 5641; Amend Coun. J. 11-3-04, p. 34974, § 3; Amend Coun. J. 12-7-05, p. 64870, § 1.8; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 11-8-12, p. 38872, § 198; Amend Coun. J. 5-8-13, p. 52138, § 2; Amend Coun. J. 10-11-17, p. 56894, § 2)

ARTICLE X. PHOSPHORUS CONTROL (11-4-1610 et seq.)

11-4-1610 Definitions.

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

(Prior code § 17-7.1)