ARTICLE XIV. REPROCESSABLE CONSTRUCTION/DEMOLITION MATERIAL (11-4-1905 et seq.)

11-4-1905 Construction or demolition site waste recycling.

   (1)   For purposes of this section, the term(s):

      (a)   “Contractor” means general contractor as defined in Section 4-36-010 and shall also include any person engaged in the demolition or wrecking of a structure for which a permit is required under Section 13-32-230.

      (b)   “Construction and demolition debris” has the meaning ascribed to the term in Section 11-4-120 of this Code.

      (c)   “Recycle” has the meaning: ascribed to the term in Section 11-4-120 of this Code.

      (d)   “Recycler” means a recycling facility, transfer station or other waste handling facility permitted pursuant to Section 11-4-250 of this Code which accepts construction and demolition debris for recycling or for further transfer to a recyling facility.

      (e)   “Reuse” means (i) the on-site use of reprocessed construction and demolition debris if such on-site use is authorized in writing by the commissioner pursuant to Section 11-4-1935 of this Code; and (ii) the off-site redistribution of a material which would otherwise be disposed of, for use in the same or similar form as it was produced.

   (2)   Any project subject to this section shall be required to recycle or reuse construction or demolition debris produced on site as part of construction or demolition activities by meeting the following requirements:

      (a)   The contractor on a project that is issued a permit with an application date on or after January 1, 2006, but before January 1, 2007, shall cause to be recycled or reused at least 25 percent of construction and demolition debris, as measured by weight, produced on site.

      (b)   The contractor on a project that is issued a permit with an application date on or after January 1, 2007, shall cause to be recycled or reused at least 50 percent, as measured by weight, of the total amount of construction and demolition debris produced on site that does not contain lead, asbestos or other hazardous materials in such a way as to render recycling of such material illegal or impossible.

   (3)   The following projects are subject to this section:

      (a)   Construction of a new residential building with four or more units.

      (b)   Construction of a new non-residential building, other than projects for which the total square footage is 4,000 square feet or less.

      (c)   Any rehabilitation of a building that will require a certificate of occupancy to issue from the department of buildings.

      (d)   Demolition of a residential building with four or more units that includes the demolition of at least one outside wall.

      (e)   Demolition of a non-residential building, other than projects for which the total square footage is 4,000 square feet or less.

   A project is exempt from this section if only a plumbing permit, only an electrical permit or only a mechanical permit is required.

   (4)   Certification Of Compliance And Enforcement.

      (a)   Within 30 days of completion of a project meeting the requirements of subsection (3) of this section, the contractor shall submit documentation as described herein to report compliance with this section and regulations promulgated thereunder. The documentation required under this subsection (4)(a) shall be in a form prescribed by the commissioner of health and consist of notarized affidavits from the contractor and the waste-hauler or recycler for the project certifying the extent to which the project complies with subsection (2).

      (b)   (i)   The certificate of occupancy for a project subject to this section may be withheld until the applicant submits either (A) the required documentation, including, where applicable, proof that any fine due under subsection (6) of this section has been paid in full, or (B) proof of a written request for a hearing on the applicability of this section and/or the amount of fine due, which hearing shall be conducted in the department of administrative hearings.

         (ii)   Notwithstanding the foregoing subparagraph (i) if a contractor is unavailable or refuses to provide the required documentation, property owner may obtain a certificate of occupancy by submitting a waiver application supported by an affidavit that the contractor is unavailable or refuses to provide the required documentation.

      (c)   Reserved.

      (d)   The building commissioner shall not issue any new building or demolition permit to a contractor who has failed to timely submit the required documentation with respect to any completed project, until the applicant either (A) submits the required documentation, including, where applicable, proof that any fine due under subsection (6) of this section has been paid in full. or (B) submits proof of a written request for a hearing on the applicability of this section and/or the amount of fine due, which hearing shall be conducted in the department of administrative hearings.

      (e)   A contractor must comply with all reasonable requests for information and documentation made by the commissioner of health pursuant to an audit to monitor compliance with this section. Documentation required by this section must be maintained for at least three years.

      (f)   Whenever any affiant knowingly and falsely states that a project has met the requirements of this section, or whenever any contractor knowingly submits an affidavit with such a false statement, or whenever any person knowingly fails to comply with a reasonable request made pursuant to an audit under this section, such action will subject the person to a fine of $2,000 to $5,000, and will subject the person to additional penalties and fines pursuant to this Code or state law including, but not limited to, the penalties specified in subsection (6) and the revocation or suspension of an affiant's or contractor's general contractor's license pursuant to Chapter 4-4. In the case of a contractor, the building commissioner may, after a hearing resulting in a finding that the contractor has committed any of the aforesaid violations, deny the contractor's right to obtain building or demolition permits for a period of up to one year.

   (5)   The commissioner of health may promulgate such rules and regulations as necessary to implement the provisions of this section.

   (6)   In addition to any other penalty provided by law, contractors who fail to meet the recycling percentages identified in subsection (2) shall be subject to the following fines:

 

For construction projects or demolitions involving 10,000 square feet or more of renovated, newly constructed, or demolished space		$1,000 for each percentage point of difference between the amount by this section to be recycled or reused and the amount actually recycled or reused
For construction projects or demolitions involving less than 10,000 square feet of renovated, newly constructed, or demolished space		$500 for each percentage point of difference between the amount required by this section to be recycled or reused and the amount actually recycled or reused

 

   (7)   Violation – Penalty. Except as otherwise provided in this section, and in addition to any other penalty provided by law, any person who violates any requirement of this section shall be subject to a fine of not less than $300.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.

(Added Coun. J. 12-15-04, p. 40435, § 3; Amend Coun. J. 7-27-05, p. 53344, § 1; Amend Coun. J. 1-11-06, p. 67938, § 1; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 2-9-11, p. 112149, § 7; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-8-12, p. 38872, § 200)

11-4-1910 Definitions.

   As used in this article , unless the context clearly indicates otherwise:

   “Closure” shall mean those actions taken by the owner and/or operator to cease operations and to ensure that a facility is closed in conformance with this chapter and all applicable federal, state and local laws in effect at the time of such closure.

   “Construction or demolition debris” has the meaning ascribed to the term in Section 11-4-120.

   “Contractor” has the meaning ascribed to the term in Section 11-4-1905(1)(a).

   “Governmental entity” means any unit of federal, state or local government.

   “Incidental construction/demolition debris” or “incidental debris” shall mean uncontaminated dirt, metal, mortar, gypsum, plasterboard, wood, and sand which are derived from a construction or demolition-site and intermingled with reprocessable material.

   “Open dumping” or “fly dumping” shall mean the disposal of garbage, material, refuse and other waste from one or more sources at a disposal site that is not permitted to receive such waste.

   “Owner or operator” has the meaning ascribed to the term in Section 11-4-120.

   “Reprocessable construction/demolition material” shall mean broken concrete, bricks, rock, stone or paving asphalt generated from construction or demolition activities.

   “Reprocessable construction/demolition material facility” or “facility” shall mean a site used for purposes of receiving, storing, reprocessing and transport of reprocessable construction/demolition material.

   “Reprocessed” or “reprocessing” or “reprocessing activity” means crushed or broken into smaller constituent parts by a reprocessing device.

   “Reprocessing device” shall mean a device designed to crush or break reprocessable material into smaller constituent parts for the purpose of reprocessing such material and for which a permit has been issued by the department of health pursuant to this Code.

   Other definitions relating to this article will be found in Article I of Chapter 11-4.

(Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 3-6-96, p. 17622; Amend Coun. J. 2-9-11, p. 112149, § 8; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

11-4-1920 Purpose and title.

   The purpose and intent of this article is to regulate the receipt, storage, reprocessing and transport of reprocessable construction and demolition material and to prevent the improper disposal of construction and demolition debris within the City of Chicago. This article shall be entitled the “reprocessable construction/demolition material ordinance”.

(Added Coun. J. 6-23-93, p. 34796)

11-4-1930 Reprocessable construction/demolition material permit.

   (A)   Permit Required. Except as otherwise provided in Section 11-4-1935, no reprocessable construction/demolition material shall be sent to, received by, stored at or reprocessed at any location except at a facility properly zoned and for which a permit for a reprocessable construction/demolition material facility has been issued pursuant to this chapter. This section shall not be interpreted as a ban on the disposal of reprocessable construction/demolition material in a properly zoned and permitted sanitary landfill or the receipt and transfer of such material at a properly zoned and permitted waste transfer facility.

   (B)   Permit Application. Application for a permit for a reprocessable construction/demolition material facility shall be made to the commissioner and shall provide the following information:

      (1)   Name, address, and telephone number of the applicant;

      (2)   The telephone number(s) of the owner or operator of the site of the proposed facility;

      (3)   The address of the facility sought to be licensed;

      (4)   Payment of the fee as set forth in Section 11-4-1960;

      (5)   Design of the proposed facility, including buildings, equipment, fencing, ingress and egress, pollution control measures, and routes to and from the facility;

      (6)   Plan of operation for proposed facility including type and number of reprocessing devices for reprocessing reprocessable material or alternative plan for timely reprocessing of the material;

      (7)   An “air pollution control permit” for reprocessing devices used for preprocessing reprocessable material issued by the department of health pursuant to this Code;

      (8)   Copy of certified letter to the alderman within whose ward the facility is proposed to be located, setting forth the intention and nature of use as a reprocessable construction/demolition material facility. An application shall not be considered complete without such copy of the certified letter and in no event shall a permit be issued until 30 days after the date of the certified letter or receipt by commissioner of notice from the alderman that such 30-day period is waived;

      (9)   Evidence that the facility is located in a district for which a variation in the nature of a special use may be obtained from the zoning board of appeals pursuant to the Chicago Zoning Ordinance, Title 17 ;

      (10)   Any further information deemed necessary by the commissioner.

   The commissioner shall have 90 days to act upon the application.

   (C)   No permit for a reprocessable construction/demolition material facility shall be granted by the commissioner unless:

      (1)   The application for such permit is fully and accurately completed and all zoning and other requirements in subsection (B) hereof are met;

      (2)   The existence of a facility will not have an adverse effect on traffic flow or parking within the surrounding area;

      (3)   In the determination of the commissioner, the facility will not have an adverse impact on the public health and safety;

      (4)   The commissioner determines that the facility has adequate pollution control measures;

      (5)   The commissioner determines that sufficient on-site space will be available for incidental debris and reprocessable construction/demolition material.

   (D)   Permit Revocation. The commissioner may revoke the permit of the owner and/or operator of a reprocessable construction/demolition material facility found to be engaging in open dumping or fly dumping or otherwise disposing of construction/demolition material or debris in violation of this chapter or any other provision of the Municipal Code of Chicago.

(Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 8-3-94, p. 55153; Amend Coun. J. 2-9-11, p. 112149, § 9; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

 

Notes

Title 17

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