11-4-1960 Annual permit filing fee.

(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, ;

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

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

(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

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11-4-1935 Construction site reprocessing authorization.

(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)

11-4-1940 Reserved.

Editor's note – Coun. J. 11-16-11, p. 13798, Art. II, § 7, repealed § 11-4-1940, which pertained to rules and regulations.

11-4-1950 Reprocessing requirement.

A facility shall be operated for the primary purpose of reprocessing reprocessable material. This ordinance shall not be construed, interpreted or implied to permit the use of land as a landfill or other similar use.

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

11-4-1960 Annual permit filing fee.

The annual fee for filing a permit application shall be as follows:

For facilities on lots covering not more than 25 acres.....$2,500.00

For facilities on lots covering more than 25 and up to 50 acres.....$5,000.00

For facilities on lots covering more than 50 acres.....$10,000.00

Each noncontiguous lot shall be considered a separate facility.

(Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 12-4-02, p. 99931, § 8.3)

11-4-1961 Fee on generation of construction or demolition debris.

A fee is hereby imposed on the generation of construction or demolition debris that is reprocessed within the corporate limits of the City.

(a) Construction/demolition debris received at construction/demolition reprocessing facilities.

(1) For each construction/demolition reprocessing facility within the corporate boundaries of the City, the owner or operator shall collect a fee of $1.00 per cubic yard of construction/demolition debris received and managed at the facility, unless the owner or operator weighs the quantity of the construction/demolition debris received with a device for which certification has been obtained under the Illinois Weights and Measures Act (225 ILCS § 470/1, et seq.), in which case the fee shall be $0.50 per ton of construction/demolition debris received and managed at the facility.

(2) This fee shall be stated as a distinct item on the bill to each customer separate and apart from the owner’s or operator’s gross charges to its customers for receiving, handling, transporting, processing, or otherwise managing the construction/demolition debris. Every owner or operator that is required to collect the fee imposed by this section shall remit the fee to the Department with the remittance return prescribed by the Commissioner. On or before the last day of each calendar month, the owner or operator must file the remittance return for the construction/demolition debris that is received and managed during the preceding calendar month and shall pay the fee within thirty days of the date of an invoice from the Department. Any fee collected by the owner or operator is collected in trust for the City and constitutes a debt owed by the collector to the Department.

(3) The owner or operator may retain two percent of the fees collected and timely remitted to the Department under this section to reimburse the owner or operator for expenses incurred in connection with accounting for and the remitting of fees to the Department.

(4) The fee imposed by this section is upon the generation of the construction/demolition debris, and nothing in this section shall be construed to impose a charge of any kind on the occupation of handling, transporting, reprocessing or otherwise treating or managing construction/demolition debris. The failure of any owner or operator to collect the fees shall not excuse any generator of construction/demolition debris from the obligation of paying the fee directly to the Department.

(b) Construction/demolition debris reprocessed and reused at construction sites.

(1) For each construction site at which reprocessable construction/demolition debris is generated, reprocessed, and reused pursuant to the written authorization required under section 11-4-1935 of this Article, the owner or operator of such site shall pay a fee of $1.00 per cubic yard of construction/demolition debris generated and managed at the site, unless the owner or operator weighs the quantity of the construction/demolition debris generated with a device for which certification has been obtained under the Illinois Weights and Measures Act, 225 ILCS § 470/1, et seq., in which case the fee shall be $0.50 per ton of construction/demolition debris generated and managed at the site.

(2) Every owner or operator that is required to pay the fee imposed by this section shall remit the fee to the Department with the remittance return prescribed by the Commissioner. On or before the last day of each calendar month, the owner or operator must file the remittance return for the construction/demolition debris that is generated and managed during the preceding calendar month and shall pay the fee within thirty days of the date of an invoice from the Department.

(c) For purposes of this section, the term “construction/demolition debris” is the same definition as provided in subsection 11-4-1910.

(d) The Commissioner is empowered to adopt and promulgate rules relating to the collection of the fee required to be paid by this section.

(e) Any person who violates any provision of this section shall be fined not less than $500.00 and not more than $1,000.00 for each offense.

(f) Notwithstanding any other provision of this section, generators of construction/demolition debris who are governmental bodies are exempt from the fees imposed by this section.

(Added Coun. J. 3-6-96, p. 17622; Amend Coun. J. 9-1-99, p. 10082, § 5; Amend Coun. J. 11-21-17, p. 61858, Art. VII, § 1; Amend Coun. J. 11-14-18, p. 90376, Art. VII, § 3)

11-4-1962 Construction/demolition debris management fund.

There is hereby created within the city treasury a special fund to be known as the “construction/demolition debris management fund” constituted from the fees and fines collected pursuant to Section 11-4-1961. The fund is to be utilized for the regulation of construction or demolition debris, including monitoring, planning, inspecting, providing technical assistance, and enforcing rules, regulations and ordinances with respect to the management, transportation, disposal, recycling and characterization of construction/demolition debris. This includes, but is not limited, to enforcement against illegal dumping of construction and demolition debris and oversight of recycling of concrete debris.

(Added Coun. J. 9-1-99, p. 10082, § 6)

11-4-1970 Reprocessing device requirement.

To qualify for a permit, each facility must have at least one permitted reprocessing device, with an air pollution control permit issued by the department of health pursuant to this Code, for the purpose of reprocessing reprocessable material permitted for the site, or have an alternative plan approved by the commissioner for timely reprocessing of the material.

(Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

11-4-1980 Testing of materials.

The owner and/or operator of a reprocessable construction/demolition material facility shall perform, at its own expense, testing of material delivered to the facility for constituents and characteristics as described in rules and regulations that may be promulgated by the department of health. Such tests shall be performed on a schedule contained in regulations that may be promulgated by the department of health; provided, however, that the number of tests requested shall not exceed six within a 12-month period unless the commissioner determines that sufficient cause exists for additional testing and such cause is provided to the owner and/or operator in written form.

(Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

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