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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)
Whenever used in this article, unless the context otherwise requires, the following words and phrases shall have the following meanings:
“Durable products” are products that have a design lifespan of three years or more.
“Reusable” means that the product or package was designed to be used a minimum of five times for its original intended purpose. This includes products that are designed to be recharged, repaired, serviced, cleaned or refilled, or have recyclable parts or materials so as to permit repeated uses.
“Waste prevention” means a reduction in the quantity and/or toxicity of solid waste achieved through the implementation of practices including, but not limited to: reuse of products and packaging; expansion of repair and maintenance programs for products; use of remanufactured products; purchase of durable products; reduction in the use of products or packaging through the purchase of products in bulk or concentrate; and reduction in the purchase of products or packaging that contain or use toxic materials.
(Added Coun. J. 9-14-94, p. 56187)
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