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ARTICLE XIV. REPROCESSABLE CONSTRUCTION/DEMOLITION MATERIAL (11-4-1905 et seq.)
(1) For purposes of this section, the term(s):
(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)
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)
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)
(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 | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
(a) (1) Written authorization required. Except as otherwise provided in subsection (a)(2) and subsection (a)(3) of this section, reprocessable construction/demolition materials generated from construction, demolition or renovation may be reprocessed, as defined in Section 11-4-1910, and stored on a temporary basis on the site at which the construction, demolition or renovation occurred if all of the following requirements are met:
(i) before any reprocessing occurs on the demolition site, such reprocessing is reviewed, authorized and approved in writing by the commissioner; and
(ii) the owner of the property on which the reprocessing or temporary storage occurs or the owner's authorized agent consents in writing to such reprocessing and temporary storage; and
(iii) the construction/demolition material to be reprocessed does not contain lead, asbestos or any other hazardous material of the type that renders recycling of such material illegal or impossible; and
(iv) prior to reprocessing such construction/demolition material, the contractor (A) verifies that each load of material to be reprocessed does not contain lead, asbestos or any other hazardous material of the type that renders recycling of such material illegal or impossible; and (B) creates and maintains a written record documenting the results of such verification; and (C) provides a copy of the written record required under this paragraph (iv) to the owner or operator of the property on which the reprocessing occurs. The written record required under this paragraph (iv) shall be kept on file by the owner or operator and contractor for a period of three years and, upon request by any authorized city official, shall be made available without undue delay for inspection by such authorized city official; and
(v) all reprocessing of such construction /demolition material occurs on the site at which the demolition occurred; and
(vi) the reprocessed construction/ demolition material is used solely on the site at which the demolition occurred for construction activities occurring on such site; and
(vii) the contractor is in compliance with the setback requirements for equipment and materials set forth in subsection (a)(4) of this section.
(2) Governmental entities – Requirements. A governmental entity, as defined in Section 11-4-1910, shall not be subject to the requirement set forth in paragraph (vi) of subsection (a)(1) of this section, and such governmental entity may transfer for reuse off the site at which the demolition occurred any reprocessable construction/demolition material generated from such demolition if all of the following requirements are met:
(i) the governmental entity complies with the requirements set forth in paragraphs (i), (iii), (iv), (v) and (vii) of subsection (a)(1); and
(ii) the site on which the demolition occurred and the off-site location where such materials will be transferred for reuse are both public improvement projects undertaken by the same or different governmental entity; and
(iii) prior to transferring the reprocessed construction/demolition material from the demolition site to the off-site location where such material will be reused, the government entity registers the demolition project on the Chicago Soil and Rubble Exchange website or complies with any other alternative registration process approved by the department in duly promulgated rules or regulations; and
(iv) the governmental entity maintains on the Chicago Soil and Rubble Exchange website or any other alternative registration process approved by the department in duly promulgated rules or regulations current and accurate records identifying the date and location of all anticipated and actual transfers of such reprocessed construction/demolition material.
(3) Good faith reprocessor – Requirements. A person shall not be subject to paragraphs (v) and (vi) of subsection (a)(1) of this section, and may reprocess construction/demolition material on a site at which the demolition did not occur, if all of the following requirements are met:
(i) the person complies with paragraphs (i), (ii), (iii), (iv) and (vii) of subsection (a)(1); and
(ii) the construction/demolition material being reprocessed was illegally dumped at the site; and
(iii) the person has not knowingly contributed to that illegal dumping; and
(iv) the construction/demolition material is reprocessed on the site of the illegal dumping; and
(v) the reprocessed construction/ demolition material is used for construction activities on the site.
(4) Setback requirements. No reprocessing device or stockpile of reprocessable construction/ demolition material or of reprocessed construction/ demolition material shall be located in the following places:
(i) within 200 feet of any school, childcare facility, hospital, residential building or mixed occupancy building with a residential use;
(ii) within 100 feet of any building other than a school, childcare facility, hospital, residential building or mixed occupancy building with a residential use;
(iii) within 100 feet of any public way or park.
Provided, however, that if (A) compliance with the requirements of this subsection (a)(4) is physically impossible or hazardous due to the configuration, location or unique characteristics of the site where reprocessing or temporary storage of construction/ demolition material is authorized under this section; and (B) the contractor can show either that (1) the issuance of a certificate of exemption under this subsection will not create a public nuisance or adversely impact the surrounding area or surrounding users, or (2) such public nuisance or adverse impact can be eliminated or substantially reduced through the adoption of an abatement or mitigation plan, the contractor may apply to the commissioner for a written certificate of exemption from compliance with the requirements of this subsection (a)(4). Prior to granting any exemption under this subsection (a)(4), the commissioner or the commissioner's designee may conduct a site visit of the subject premises to determine the validity of the claim of impossibility or hazard and to determine whether the issuance of a certificate of exemption under this subsection will create a public nuisance or adversely impact the surrounding area or surrounding users. Upon a showing of physical impossibility or hazard and a finding that the issuance of a certificate of exemption either will not create a public nuisance or adversely impact the surrounding area or surrounding users or that such public nuisance or adverse impact can be eliminated or substantially reduced through the adoption of an abatement or mitigation plan, as determined by the commissioner, the commissioner shall issue to the contractor a certificate of exemption for such premises. Such certificate of exemption shall specify the scope and conditions of any exemption so granted, and may include provisions for nuisance abatement or other reasonable measures to eliminate or substantially reduce any adverse impact on the surrounding area or surrounding users. Such certificate shall be valid for the period of time identified on the face of such certificate or until such time that the certificate is revoked for cause by the commissioner following notice and a hearing before the commissioner, whichever comes first. A copy of such certificate shall be posted by the contractor in a conspicuous place on the premises covered by such certificate and, upon request by any authorized city official, shall be made available by the contractor for inspection by such city official.
(5) Duration of authorization. The written authorization issued under subsection (a)(1) of this section shall be valid for a period of three months, as measured from the date on which such authorization is issued. Provided, however, that upon application to the commissioner, such authorization may be extended for an additional period(s) of time, each of which additional period shall not exceed three months, so long as construction/demolition material requiring reprocessing and reprocessing equipment remain on the site. Any reprocessable or reprocessed construction/demolition material that is not used on or removed from the site within three months of the date on which the temporary authorization is issued or extended under this section shall be subject to the construction site cleanliness rules and regulations for the maintenance of construction site stockpiles and prevention of the off-site dispersion of dust and debris from construction sites promulgated by the department under Section 13-32-125.
(6) Enforcement. It shall be unlawful for any person to violate any of the requirements set forth in this subsection (a). In addition to any other penalty provided by law, any person who violates any of the requirements of this subsection (a) shall be subject to the penalty set forth in subsection (d) of this section. In addition, any authorization issued under this subsection (a) shall be subject to suspension or revocation for cause by the commissioner following notice in accordance with the applicable provisions of subsection (d) of Section 11-4-025 and an opportunity to demand a hearing in accordance with the procedures set forth in subsection (c) of Section 11-4-025.
(b) Rules and regulations. The commissioner is authorized to adopt rules and regulations setting forth application requirements and standards and conditions for the location and operation of construction site reprocessing activities, and to require applicants for and operators of such activities to provide such information as the commissioner deems necessary to effectuate the purposes of this section. Such rules and regulations shall include those standards and conditions necessary to protect the environment, public health and safety and avoid nuisances, and may also include such other requirements as the commissioner deems necessary and appropriate to carry out this section, including but not limited to financial security requirements and notification requirements.
(c) Fee. The commissioner shall charge a fee of $750.00 per month for each month or fraction of a month in which construction site reprocessing activity is authorized for the costs of reviewing and inspecting the activity to assure compliance with this section and the rules and regulations promulgated hereunder.
(d) Penalty for violation. Penalties imposed for violations of this section shall be as provided in Section 11-4-030 of this Code.
(Added Coun. J. 12-4-02, p. 99931, § 8.2; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 2-9-11, p. 112149, § 10; Amend Coun. J. 11-13-13, p. 65239, § 1)
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