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(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)
The owner and/or operator of a facility shall notify the commissioner in writing of an intention to terminate operations of the facility at least 14 days prior to termination. Upon termination of operations on the facility site, the owner and/or operator shall leave the site in a clean condition that is to be approved by the department of the health, removing all waste and other materials and equipment from the site. The site shall be restored to a level grade for future development consistent with local zoning ordinances. Only city-approved fill material shall be used to regrade the site.
(Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
No person shall operate a facility which requires a permit under this article unless such person has posted with the department of health security in the amount of $250,000.00. The purpose of such security is to assure that the applicant will comply with the requirements of such permit, the provisions of this Code and the rules and regulations promulgated hereunder, and to secure payment of the city's expenses incurred in correcting any dangerous condition or defect existing in such facility or in responding to any emergency created as a result of the operation of the facility, and also to assure closure of the site and post-closure care in accordance with the requirements of this Code. Such security shall be maintained in effect for 90 days after the notice of the official closure of the facility has been given in writing to the commissioner. In no event shall the security be deemed to be the limit of the permittee's liability for its activities at the facility.
The commissioner shall specify the form, or forms, or combination of forms of security required by this section, subject to the approval of the city comptroller and the corporation counsel.
No security under this section shall be required of the City of Chicago.
(Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 3-6-96, p. 17625; Amend Coun. J. 9-1-99, p. 10090, § 6; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
A. Public nuisance cessation. The commissioner may issue an emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code, and may require a reprocessable construction/demolition material facility to be immediately closed and secured against entry upon discovery of (i) an imminent and substantial risk to the public health or safety or to the environment caused by the presence, treatment or storage of any reprocessable construction/demolition material, or other activity on the premises, in violation of this article, a reprocessable construction/demolition material facility permit or its conditions or the rules and regulations promulgated hereunder; or (ii) the facility is being operated without a required permit. The commissioner may also issue a non-emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code, if he or she determines that any person is violating any of the provisions of this article, but such violation does not pose an imminent and substantial risk to the public health or safety or to the environment.
B. Public nuisance abatement. Any unpermitted reprocessable construction/demolition material facility shall be deemed and is hereby declared to be a public nuisance and an ordinance violation and shall be subject to the abatement procedures provided in Section 11-4-025 of this Code. If the commissioner determines that such nuisance has created, or is creating an imminent and substantial risk to the public health or safety or to the environment, then the commissioner may issue the owner an emergency abatement order or may abate the nuisance, in accordance with the provisions of Section 11-4-025 of this Code. If the commissioner determines that such a nuisance has not created, or is not creating an imminent and substantial risk to the public health or safety or to the environment, then the commissioner may provide the owner with a written order to abate the nuisance within a time frame prescribed by the commissioner. In the event that any person fails to abate such nuisance in accordance with the commissioner's order to abate, then the commissioner may proceed to control, remove, dispose or otherwise abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code. Such abatement shall be in addition to the fines and penalties herein provided.
C. Fines. Except as otherwise provided in this article, penalties imposed for violations of any provisions of this article shall be as provided in Section 11-4-030 of this Code. In addition to any other penalty provided by law, the city shall be entitled to recover a penalty or cost as provided in Section 11-4-025 of this Code.
(Added Coun. J. 6-23-93, p. 34796; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 2-9-11, p. 112149, § 11)
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