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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)
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)
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)
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)
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)
(A) Load Tickets. The owner and/or operator shall maintain load tickets for each truckload or other documentation acceptable to the commissioner of material delivered to and removed from a facility. The load tickets or other documentation shall contain the following information:
(1) The date the material was delivered to and removed from the facility;
(2) The source of all loads delivered to the facility;
(3) A description of the type of material delivered to or removed from the facility;
(4) The weight or volume of each load delivered to or removed from the facility expressed in tons or cubic yards, respectively;
(5) The name and address of the facility or site to which all reprocessed material or incidental debris removed from the site is to be delivered;
(6) The weight or volume of each load of reprocessed material or incidental debris removed from the facility expressed in tons or cubic yards;
(7) The date transported and description of each load of reprocessed material or incidental debris removed from the facility.
The load tickets or other documentation shall be preserved for a period of one year following the end of the calendar year in which such tickets were written and recorded or in which such other documentation is made. Load tickets or other documentation shall be made available upon written or oral request during normal business hours to an employee or agent of the department of health.
(B) Reports. The owner and/or operator shall prepare, upon the request of the department of health or on a schedule prescribed by regulation, reports on materials delivered to and removed from a facility and on the operations of the facility.
(C) Affidavit of Reprocessing. The owner and/or operator shall provide to the commissioner an annual affidavit stating the amount of reprocessed material sold or reused in the previous year. Such affidavit shall include the name and address of the entities which purchased such materials. The affidavit form shall be provided by the commissioner. The owner and/or operator shall maintain adequate records to support the information stated in the affidavit.
(Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
The owner and/or operator of a reprocessable construction material facility shall comply with the following requirements:
(A) All facilities shall keep permits on the premises at all times. Permits should be posted in a prominent location and available at all times for review by employees or agents of the department of health.
(B) No owner and/or operator of a reprocessable construction/demolition material facility shall receive, reprocess, remove or transport any construction material or debris between the hours of 7:00 p.m. and 6:00 a.m. unless a waiver is granted by the commissioner.
(C) The owner and/or operator shall undertake all necessary steps to ensure that a facility is secure from unauthorized entry, sufficiently screened from the surrounding area and adequately lighted after dark. If the commissioner deems the measures undertaken by an owner and/or operator pursuant to this subparagraph (C) to be inadequate, the commissioner may require that additional steps be taken to bring the facility into compliance.
(D) At no point within the reprocessable construction/demolition material facility shall the height of reprocessable or reprocessed material and other materials brought on the site exceed 30 feet. The commissioner may, upon written application by an owner and/or operator, grant variances to this requirement.
(E) Each reprocessable construction/demolition material facility shall employ measures and/or devices approved by the department of health to prevent the emission of dust and to keep the streets, sidewalks and sewers adjacent to the facility free and clear at all times of all material and debris transported to or from, or maintained or stored within, the facility.
(F) At no point shall any portion of the facility site be excavated for the purpose of storing reprocessed material, reprocessable material or incidental debris.
(G) Each facility shall conform to the noise standards established by Chapter 8-32 of the Municipal Code of Chicago.
(H) Reprocessable material and incidental debris received at the facility shall be handled as follows:
(1) Reprocessable construction/demolition material shall be separated from and kept separate from any other waste as defined in this Chapter 11-4 of the Municipal Code of Chicago.
(2) Reprocessable construction/demolition material shall be handled, stored, transported and reused in accordance with applicable federal, state, and local laws and regulations.
(3) Incidental debris received at the facility shall be separated from reprocessable construction / demolition material and shall be removed from the facility as soon as possible, but not later than 14 days after such debris was delivered to the facility, and shall be disposed of in accordance with the applicable federal, state, and local laws and regulations.
(4) No waste, garbage or refuse except reprocessable material and incidental debris may be received or stored at a facility at any time.
(5) The amount of incidental debris contained in any of reprocessable material received at a facility shall not exceed 20 percent of the total volume of materials on-site.
(6) The maximum amounts of reprocessable construction/demolition material and incidental debris that an owner and/or operator may maintain or store at a facility may be prescribed by the commissioner in rules and regulations.
(7) The owner and/or operator shall be responsible for the proper transport and disposal of all waste stored, dumped or abandoned at the site.
(I) The owner and operator of a facility shall ensure that all reprocessable material and incidental debris transported to or removed from the site shall be managed in a way to prevent release of materials into the environment.
(J) The trucks and other vehicles used in the operation at the facility shall comply with the City of Chicago's weight limitations and other road requirements.
(Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
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