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(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)