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(1) For purposes of this section, the term “facility” shall mean any commercial establishment that provides motor vehicle refueling or oil changes on a retail basis, if one or more underground tanks are located on-site or used in conjunction with operations conducted on-site.
(2) Each facility in the city must provide notification, as set forth in this section, to the department of health. There shall be no fee to provide notification or to update a notification. Such notification shall be on forms provided by the department of health, and shall include the following information:
(a) Site information: Name, address, telephone number, fax number.
(b) Owner information: Name, off-site address where certified mail can be received, weekday telephone number, 24-hour emergency telephone number, fax number.
(c) Operator information: Name, off-site address where certified mail can be received, weekday telephone number, 24-hour emergency telephone number, fax number.
(d) Current office of the state fire marshal certification number (green sticker) and facility information number, number and size of underground tanks on site, status of such underground tanks (e.g., active, out-of-service, if out-of-service, date taken out), products stored in such underground tanks.
(e) Such other information as the commissioner of health may require.
A notification must be provided to the department of health by January 1 of each year. Such annual notification shall be required even if no changes have occurred since the submission of the previous notification. An updated notification must be provided in the event that any information on a notification form on file with the department of health becomes inaccurate or incomplete in any respect at any time during the year, within 30 days of the change in status. Such changes in status include, but are not limited to, changes in ownership, changes in operator and the temporary or permanent termination of operations at a facility.
(3) Any person owning and/or operating a facility in violation of any provision of this section shall be personally subject to a fine not to exceed $500.00 for each violation, plus court costs and reasonable attorney's fees. Each day that a violation continues shall constitute a separate and distinct offense.
(4) In the event that the city is unable to contact an owner or operator of a facility using information provided on a notification form, or as a result of an owner's or operator's failure to provide notification or update a notification, the facility shall be presumed to be abandoned, and the department of health may, after reasonable efforts to contact the owner or operator, arrange for the closure of the facility, and the abatement of any public nuisances associated with the facility, in accordance with applicable law. Costs incurred by the city in conjunction with such closure and abatement shall be a lien on the property as provided by law. In addition, the owner and operator of the facility shall be jointly and severally liable for costs in an amount up to three times the city's costs of closure and abatement, plus court costs and reasonable attorney's fees. Such fines shall be in addition to any other costs and penalties provided herein.
(Added Coun. J. 10-7-98, p. 78728, § 1; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
ARTICLE XVIII. ASBESTOS, SANDBLASTING, AND GRINDING STANDARDS (11-4-2150 et seq.)
(a) Intent and purpose. Many buildings, facilities or other structures within the city have been constructed or decorated in part with materials, including but not limited to, asbestos containing materials or lead paint, that can pose hazards to the public health or the environment if those materials are not adequately and appropriately handled and controlled during demolition, renovation, alteration, repair, cleaning or maintenance activities. The purpose of this article is to reduce the potential risk of harm to the public's health, safety and welfare or to the environment from releases of dust, debris and other materials occasioned by the demolition, renovation, alteration, repair, cleaning or maintenance of certain types of buildings, facilities or other structures within the City of Chicago.
(b) Definitions. For purposes of this article, the following terms shall have the following meanings:
Abandoned building, facility or other structure means any building, facility or other structure that is either tax delinquent for one or more years or has bills for water service for the building, facility or other structure outstanding for one or more years, or any building, facility or other structure that is substantially unoccupied by the person(s) legally entitled to occupy the building, facility or other structure or at which substantially all lawful business operations have ceased, for at least three months.
ACM means asbestos-containing material.
Adequately wet means sufficiently mixed or penetrated with liquid to prevent the release of dust or other particles. If emissions are observed coming from the material that has been wetted, then that material has not been sufficiently wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet.
Asbestos means the asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthophyllite and actinolite.
Asbestos abatement means any form of work performed in connection with the demolition, renovation, alteration, modification, repair, cleaning or maintenance of a facility that involves the encapsulation, enclosure, repair, removal or disturbance of ACM.
Asbestos containing material (ACM) means any material or product that contains more than one percent asbestos as determined by weight or volume, or by using the methods specified in Title 40, Part 763, Subpart E, Appendix E, Section 1 of the Code of Federal Regulations (C.F.R.), or test method EPA-600/M4-82-020, or other analytical method acceptable to the commissioner. It also means any material contaminated with particles, fibers, or dust from asbestos containing material.
Building means a structure, or part thereof, enclosing any occupancy including residential, institutional, assembly, business, mercantile, industrial, storage, hazardous and miscellaneous uses. When separated by fire walls, each unit so separated shall be deemed a separate building.
Chemical washing means the application or use of any chemical, acid or base, upon any building, facility, other structure or architectural surface for the purpose of cleaning, dissolving, lifting, peeling or removing any paint, corrosion, coloration or weathering.
Commissioner means the commissioner of the department of health.
Container means any portable device in which a material is stored, transported, treated, disposed of or otherwise handled.
Damaged friable ACM means friable ACM which: (i) has deteriorated or sustained physical injury such that the internal structure (cohesion) of the material is inadequate; (ii) has delaminated such that its bond to the substrate (adhesion) is inadequate; (iii) for any other reason lacks fiber cohesion or adhesion qualities; (iv) has lost its structural integrity; or (v) is, in whole or in part, crushed, water-stained, gouged, punctured, missing or not intact such that it is not able to contain fibers. Such damage or deterioration may be illustrated by the separation of the ACM into layers; separation of the ACM from the substrate exposed ACM ends or joints; flaking, blistering, or crumbling of the ACM surface; water damage; significant or repeated water stains, scrapes, gouges, punctures, mars or other signs of physical injury to the ACM.
Debris means pieces of material, dust, rubbish, rubble, garbage, trash or other waste created by construction, demolition or renovation activities or by the cleaning, dissolving, lifting, peeling, removing of any paint, corrosion or weathering from any building, structure facility or architectural surface.
Demolition means the wrecking or taking out of any load-supporting structural member of a building, facility or other structure together with any related handling operations or the intentional burning of any building, facility or other structure.
Demolition fill material means any combination of uncontaminated brick, broken concrete, stone, mortar, sand, gravel or dirt so long as it: (i) contains no pieces of material, exceeding 12 inches in its largest dimension; (ii) contains no organic material or rebar, pipes, posts, splinters, lumber, glass or sheet metal; and (iii) except as otherwise provided in subsection (a)(2) or subsection (a)(3) of Section 11-4-1935, is used as fill on the same site where the demolition generating the material occurred, in a foundation below the existing grade of the site, with sufficient room remaining to accommodate the required final cover.
Department means the department of health.
Disposal, dispose or disposed means the discharging, depositing, injecting, dumping, spilling, leaking or placing of any material into or on any land or water or into any well so that such material or any constituent thereof may enter the environment or be emitted into the air or be released upon or into the soil or be discharged into any water, including groundwater.
Facility means the exterior surface or interior space of any institutional, commercial, public, industrial or residential structure, installation or building (including any structure, installation or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having fewer than two dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure or installation that contains a loft used as a dwelling is not considered a residential structure, installation or building.
Friable ACM means any ACM that, when dry, can be crumbled, pulverized or reduced to powder by hand pressure.
Grind or grinding means to reduce matter, including but not limited to brick, mortar or concrete, to powder or small fragments by mechanical means including rubbing, abrading, chipping, drilling, crushing or pulverizing. The term “grind” or “grinding” includes, but is not limited to, the removal of joints in a preparation for tuckpointing.
Hazardous ACM means any ACM which either: (1) is friable; (2) was nonfriable, but which has become friable; (3) is nonfriable, but will be subjected to sanding, grinding, cutting or abrading; or (4) is nonfriable, but which is more likely than not to become crumbled, pulverized or reduced to powder by forces expected to act on the material in the course of a demolition, renovation, alteration, modification, repair, improvement or maintenance activity.
In poor condition means ACM in which the binding of the material is losing or has lost its integrity as indicated by peeling, cracking or crumbling of the material.
Installation means any building or structure or any group of buildings or structures at a single demolition or renovation-site that are under the control of the same owner or operator (or owners or operators under common control).
Manual deconstruction means a systematic disassembly of the components of a building, facility, or other structure in order to achieve economic and environmental benefits such as the reuse of such components for a new construction and the prevention of the emission or dispersion of dust.
Nonfriable ACM means any ACM that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure.
Open and unsecured building, facility, or other structure means any building, facility or other structure that is accessible by the general public through any missing or unsecured exterior door or window (outside of normal operating hours for businesses) or through any missing, damaged or unsecured portion of any exterior wall or roof.
Owner or operator means (1) any person who owns, leases, operates, controls, manages or supervises any building, facility or other structure (or any portion thereof); or (2) any person who is performing or has performed any activity regulated under this article at any facility, building or other structure, or both. The term “owner or operator” includes, but is not limited to, any person having legal title to any building, facility or other structure (or any portion thereof), with or without accompanying actual possession thereof.
Person means any individual, group of individuals, association, trust, partnership, corporation, person doing business under an assumed name or any other entity.
Renovation means the altering, modifying or repairing of a facility or one or more facility components in any way, including the stripping or removal of hazardous ACM from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions.
Sandblasting means the application or use of sand shot, chemical processes, or other abrasive or grit removing substances upon any building, facility, other structure or architectural surface for the purpose of cleaning, dissolving, lifting, peeling or removing any paint, corrosion, coloration or weathering.
Tank means a stationary device, designed to contain a material and which is constructed primarily of non-earthen materials (e.g., wood, concrete, plastic, fiberglass, steel, etc.) to provide structural support.
Working day means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.
(Added Coun. J. 9-1-99, p. 10096, § 2; Amend Coun. J. 6-7-00, p. 34984, § 1; Amend Coun. J. 4-9-08, p. 24657, § 3; Amend Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 2-9-11, p. 112149, § 12; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 5-8-13, p. 53462, § 1; Amend Coun. J. 11-13-13, p. 65239, § 1)
(a) In addition to all other powers and authority generally afforded the commissioner of health elsewhere under the Municipal Code, the commissioner shall have the following specific powers and responsibilities under this article:
(1) to inspect, sample, or test buildings, facilities, architectural surfaces, or other structures for the purpose of determining compliance with the provisions of this article;
(2) to undertake asbestos inspection of (i) any building, facility or other structure which is being demolished; (ii) any building, facility or other structure where interior renovation is being conducted; and (iii) any building, facility or other structure which was built before 1980.
(3) to abate public nuisances created by the demolition, renovation, alteration, repair, cleaning or maintenance of buildings, facilities, architectural surfaces, or other structures in violation of or noncompliance with the provisions of this article; and
(4) to take any other actions, including but not limited to, instituting any legal proceedings or administrative actions required to assure compliance with the provisions of this article. In addition, the commissioner is authorized to take any abatement actions deemed necessary in accordance with the provisions of Section 11-4-025 of this Code.
(b) The commissioner may issue an emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code, and may require any building, facility, architectural surface, or other structure 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 any activity or condition in violation of any of the provisions of this article, or (ii) any activity or operation is being conducted without a required permit or authorization. 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.
(c) In the event that the commissioner determines that any activity regulated under this article is proceeding in violation of provisions of this article and such activity 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 an emergency abatement order or may abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code.
(d) If the commissioner determines that any activity regulated under this article is proceeding in violation of any of the provisions of this article but that such activity has not created, or is not creating an imminent and substantial risk to the public health or safety or to the environment, the commissioner may provide the property owner, contractor or any other person involved in the performance of the subject activity 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.
(e) In addition to any other penalties imposed in this article, the city shall be entitled to recover a penalty or cost as provided in Section 11-4-025 of this Code.
(Added Coun. J. 9-1-99, p. 10096, § 2; Amend Coun. J. 6-7-00, p. 34984, § 1; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 4-9-08, p. 24657, § 3; Amend Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
(a) Demolition of buildings, facilities or other structures: notice of intent to demolish required. No demolition of a building, facility or other structure shall be initiated within the City unless a written notice of intent to demolish, accompanied by the fee required by this section, has been filed with, and approved by, the Department of Health at least ten working days prior to the commencement of demolition. The ten working day period shall not apply if the building, facility or other structure to be demolished has been found to be structurally unsound and in danger of imminent collapse by the Building Commissioner or state authority or court of competent jurisdiction; provided, however, any person or contractor demolishing such building, facility or other structure shall file a written notice with the Department of Health regarding such demolition as soon as practicable, but no later than one day before the start date of the demolition, and must have a properly licensed asbestos abatement contractor on site during the demolition.
(1) Notice contents: The notice of intent to demolish shall be in such form as prescribed by the commissioner. At a minimum, the notice of intent to demolish shall include the following information:
(i) The name, telephone number, e-mail address, and address of every person having an ownership interest in the building, facility or other structure to be demolished or the land upon which the building, facility or other structure is situated;
(ii) The name, telephone number, e-mail address, and address of every contractor or other person performing the demolition;
(iii) A statement attested to by each applicant that the applicant agrees to comply with the notification requirements set forth in subsection (e)(3);
(iv) A statement attested to by each applicant that discloses whether the demolition will occur at a building containing asbestos. Before making such statement, if the building is a facility, the applicant shall have the building inspected by a licensed asbestos professional, or, if the building is not a facility, the applicant, at a minimum, shall have the contractor or other person performing the demolition conduct a visual inspection of the building, to detect the presence of asbestos in or on the building. If the demolition will occur at a building containing asbestos, the statement shall include a representation that the applicants will comply with the performance standards set forth in subsection (e), if applicable, and the disposal requirements set forth in subsection (d)(2);
(v) The address at which the demolition will occur together with a description of the building, facility or other structure including type and size;
(vi) A demolition schedule including starting date and completion date;
(vii) The method(s) of demolition to be employed;
(viii) The nature and extent of any ACM present together with a description of asbestos control and disposal measures to be provided, if applicable;
(ix) The measures to be taken in the event any asbestos is unexpectedly encountered;
(x) The dust control measures to be employed and debris disposal or reprocessing information;
(xi) Information regarding the presence, size and number of any storage tanks or containers (either underground or above ground) on the property; and
(xii) A certification by the applicant that the information on the form is true, complete and correct.
(xiii) The name, address, 24-hour contact telephone number, and, if available, the fax number and e-mail address, of a person with responsibility over the project.
(2) Posting permits: The demolition permit required pursuant to Section 13-32-010 of this code must be posted in a conspicuous place at the demolition site.
(b) Demolition and renovation safeguards. The owner(s) of any building, facility, or other structure to be demolished or renovated and any contractor or other person retained or otherwise authorized by the owner(s) to perform the demolition or renovation activity shall be responsible for assuring that the following safeguards are utilized to minimize the emission of airborne dust:
(1) Adequate wetting to prevent the emission or dispersion of dust shall be employed before and during any demolition or renovation activity; provided, however, if outside temperature causes water to freeze and wetting is not possible, the demolition or renovation activity shall be performed in such a way that does not cause the emission or dispersion of dust, including but not limited to manual deconstruction.
(2) All debris from any demolition or renovation activity shall be removed from the building, facility, or other structure through dust-tight chutes or by lowering it in buckets or containers and no debris shall be dropped or thrown from any floor. All debris shall be adequately wetted to prevent dust emission or dispersion at the point it exits a dust-chute or reaches the ground.
(3) All debris from any demolition or renovation activity shall be adequately wetted before loading into trucks, vehicles, or other containers. During transport, all such debris shall be enclosed or covered to prevent dust emissions.
(4) All dust and debris from any demolition or renovation activity shall be removed daily from adjacent streets, sidewalks and alleys unless otherwise directed or authorized pursuant to a permit duly issued by the city.
(5) Dust created from any use of power hand tools, including, but not limited to, the cutting of concrete or other building materials, shall be minimized through the use of vacuum attachments, water or containerization of the work area.
(c) Removal of storage tanks or containers required at time of demolition. No notice of intent to demolish any building, facility or other structure shall be approved by the department unless the person submitting the notice of intent either: (1) provides satisfactory proof that there are no storage tanks or containers (either underground or above ground) on or below the property at which the building, facility or other structure is located; (2) provides documentation that any storage tanks or containers present have been abandoned in place in accordance with the requirements of 15-28-1220; or (3) demonstrates that any storage tanks or containers present conform with all applicable city, state and federal regulations governing the continued use of such tanks or containers. If there are storage tanks or containers present that have not been properly abandoned in place or are not in compliance with applicable city, state and federal regulations governing the continued use of such tanks or containers, then approval of the notice of intent to demolish by the department shall include a requirement for the owner to remove all such tanks or containers at the time of demolition of the building, facility or other structure.
(d) (1) Disposal of debris from demolitions and renovations. Debris from demolitions or renovations, excluding demolition fill material as defined in Section 11-4-2150 which is used exclusively to fill below grade into the existing foundation or excavation area of a building left open by the demolition of said building, constitutes waste as that term is defined in Section 11-4-120 and, except as otherwise provided in Section 11-4-1935, shall only be properly disposed of or recycled at a facility duly licensed to accept such material.
(2) Disposal of asbestos-containing waste. Asbestos-containing waste material must be transported off-site and properly disposed of at a facility duly licensed to accept asbestos-containing waste. If ACM is not removed prior to demolition, then all debris from demolition of a building containing asbestos shall be deemed to be asbestos-containing waste material.
(e) Performance standards for asbestos abatement.
(1) Licensed asbestos professionals: No asbestos abatement shall be performed in any facility within the city unless all persons performing such abatement work are licensed and approved in accordance with the applicable rules and regulations for licensure established by the State of Illinois in Title 77, Part 855, Subpart B of the Illinois Administrative Code, as they may be amended from time to time, which regulations are adopted and incorporated by reference and made a part of this section as if fully set forth herein.
(2) Performance standards for asbestos abatement: Except as otherwise provided in subsection (e)(3) of this section, any asbestos abatement performed in connection with any facility within the city shall be performed in accordance with the rules and regulations for asbestos abatement established by the State of Illinois in Title 77, Part 855, Subparts C and D of the Illinois Administrative Code, as they may be amended from time to time, which regulations are adopted and incorporated by reference and made a part of this section as if fully set forth herein.
(3) Notification required: Any person performing asbestos abatement at any facility within the city shall provide the department with notice of the abatement by submitting the following forms at least 10 working days prior to the commencement of the abatement and such notice shall be accompanied by the environmental review fee required by this section: (i) a fully completed copy of the asbestos abatement notification form prescribed by the commissioner, and (ii) in the case of a demolition of a facility with ACM, a fully completed and certified notice of intent to demolish form, in accordance with subsection (a). In the event the asbestos abatement does not begin on the date in the notice, the person shall comply with subsection (f) for rescheduling of the date. If the abatement is performed as part of an emergency renovation operation, as defined in 40 C.F.R. § 61.141, the notification must be submitted as soon as possible, but no later than the following work day.
(f) Rescheduling of demolition or asbestos abatement starting dates.
(1) Later Start Dates: In the event that any owner or operator intends to begin a demolition at a date later than the start date contained in any notification required to be filed under this section, then that person must: (i) no less than one business day in advance of the original start date notify the department that the demolition or asbestos abatement will not begin on the original start date; and (ii) provide written notification to the department of the new start date at least ten working days prior to the new start date.
(2) Earlier Start Dates: In the event that any owner or operator intends to begin a demolition or asbestos abatement at a date earlier than the start date contained in any notification required to be filed under this section, then that person must provide written notification to the department of the new start date at least ten working days before the demolition or asbestos abatement work begins.
(3) Unscheduled Work Prohibited: In no event shall a demolition or asbestos abatement work begin on a date or time other than the date and time contained in the notice of the start date unless authorized pursuant to the emergency provisions set forth in Subsection (a) or (c)(3).
(g) Environmental review fees.
(1) The environmental review fee stated in subsections (a) and (e)(3) of this section shall be based on the type of structure as follows:
Residential structures with four or fewer units.....$300.00
Residential structures with more than four units.....$450.00
All other (Nonresidential) structures.....$600.00
(2) A mixed-use structure shall be assessed at the highest applicable rate.
(3) If asbestos abatement work is performed in connection with a demolition, and the form required under subsection (a) of this section is submitted together with the form required under subsection (e)(3) of this section, then only one environmental review fee shall be assessed.
(4) If an annual asbestos abatement notice is submitted with the environmental review fee specified in this subsection, no additional environmental review fee shall be assessed for submitting a revised asbestos abatement notice if: (i) the revised notice is submitted in the form and within the time provided in subsection (e)(3) of this section, (ii) the revised notice refers to the annual notice and specifies the revisions made to the annual notice, and (iii) the work referenced in the revised notice involves not more than 160 square feet or 260 linear feet of ACM abatement.
(5) Work performed by or for any unit of federal, state or local government or school district shall not be subject to the fee set forth in this subsection.
(h) Lead-safe renovation, repair, and painting certification required. No renovation of a building, facility or other structure shall be initiated within the city if such renovation is regulated under 40 C.F.R. § 745.82, unless the applicant for the renovation submits and complies with a sworn statement, on a form prescribed by the commissioner, stating that: (1) individuals performing the renovation are properly trained in accordance with 40 C.F.R. Part 745, Subpart E; (2) renovators and firms performing the renovation are certified in accordance with 40 C.F.R. Part 745, Subpart E; and (3) the work practices in 40 C.F.R. 745.85 will be followed during the renovation. The commissioner may require a copy of the certification issued pursuant to 40 C.F.R. Part 745, Subpart E to be submitted with such a statement.
(i) Notifications – Method Of Submittal: Notifications required by this section to be submitted to the city shall be made through the City's on-line permit portal as designated in rules.
(Added Coun. J. 9-1-99, p. 10096, § 2; Amend Coun. J. 6-7-00, p. 34984, § 1; Amend Coun. J. 12-15-04, p. 39840, § 1; Amend Coun. J. 4-9-08, p. 24657, § 3; Amend Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 2-9-11, p. 112149, § 13; Amend Coun. J. 11-16-11, p. 13798, Art. II, §
(a) Maintenance of ACM in facilities. The owner or operator of any facility shall maintain the facility's ACM at all times so that there is no damaged friable asbestos or ACM in poor condition at, on or within the facility.
(b) Hazardous ACM in open and unsecured or abandoned buildings, facilities or other structure; public nuisance. The presence of hazardous ACM in any open and unsecured, or abandoned building, facility or other structure within the city is hereby declared to be a public nuisance, for which the owner or operator of the building, facility or other structure shall be held liable.
(Added Coun. J. 9-1-99, p. 10096, § 2; Amend Coun. J. 6-7-00, p. 34984, § 1; Amend Coun. J. 4-9-08, p. 24657, § 3; Amend Coun. J. 10-7-09, p. 73413, § 1)
(a) Except as provided in subsection (a)(1), no person shall sandblast, grind, or chemically wash any building, facility, structure, statue, or other architectural surface without having first been issued a permit by the Department. A permit shall be required for each individual building, facility, structure, statue, or other architectural surface.
(1) No permit shall be required for graffiti removal activities conducted by the Department of Streets and Sanitation. Before undertaking graffiti removal, the Department of Streets and Sanitation shall consult the graffiti registry compiled by the Department of Cultural Affairs and Special Events to ensure the graffiti is not registered in accordance with Section 7-28-065.
(2) Applications for sandblasting, grinding, or chemical washing permits shall be in such form as the Commissioner shall prescribe. The owner(s) of the building, facility, structure, statue, or other architectural surface to be sandblasted, ground, or chemically washed shall sign the permit application as co-permittees with any contractor or other person retained or otherwise authorized by the owner(s) to perform the sandblasting, grinding, or chemical washing operation. The Department shall only issue a permit to sandblast, grind, or chemically wash any building, facility, structure, statues, or other architectural surface if the following have been provided:
(i) The name, telephone number and address of every person having an ownership interest in the building, facility, structure, statue, or other architectural surface to be sandblasted, ground, or chemically washed;
(ii) The name, telephone number, and address of every contractor or other person performing the sandblasting, grinding, or chemical washing operation;
(iii) A sworn statement signed by each applicant agreeing to comply with the notification requirements set forth in subsections (b) and (c);
(iv) A sworn statement signed by each applicant that discloses whether the sandblasting, grinding, or chemical washing operation will occur on painted or unpainted surfaces. If the sandblasting, grinding, or chemical washing operation will occur on painted surfaces, the sworn statement shall include a representation that the applicants have complied with the laboratory testing and dust minimization requirements set forth in subsection (d) and have consulted the graffiti registry compiled by the Department of Cultural Affairs and Special Events to ensure the surface is not registered with the Department in accordance with Section 7-28-065;
(v) The address at which the sandblasting, grinding, or chemical washing operation will occur;
(vi) The estimated date(s) of the sandblasting, grinding, or chemical washing operation;
(vii) The estimated time period of the entire sandblasting, grinding, or chemical washing operation;
(viii) The laboratory test results from any testing required under subsection (d);
(ix) A dust minimization plan if required under the provisions of subsections (d) and (g); and
(x) A certification by the applicant that the information on the form is true, complete, and correct.
(xi) For renovations regulated under 40 C.F.R. § 745.82, a sworn statement, on a form prescribed by the Commissioner, signed by each applicant representing that: (1) individuals performing the renovation are properly trained in accordance with 40 C.F.R. Part 745, Subpart E; (2) renovators and firms performing the renovation are certified in accordance with 40 C.F.R. Part 745, Subpart E; and (3) the work practices in 40 C.F.R. 745.85 will be followed during the renovation. The Commissioner may require a copy of the certification issued pursuant to 40 C.F.R. Part 745, Subpart E to be submitted with such a statement.
(3) Documents available for review: Copies of the permit and any laboratory testing results and dust minimization plans required under subsections (d) and (g) of this section must be maintained at the location being sandblasted, ground, or chemically washed for the duration of the sandblasting, grinding, or chemical washing operation and must be made available to City inspectors upon request.
(b) Notification to occupants within the building. At least 48 hours prior to the commencement of any sandblasting, grinding, or chemical washing, the permittees shall provide notice of the sandblasting, grinding, or chemical washing operation to all the occupants of the building to be sandblasted, ground, or chemically washed. Said notice shall be in writing and shall be by mail or otherwise and shall include the name, address, and telephone number of the person performing the sandblasting, grinding, or chemical washing; the address where the sandblasting, grinding, or chemical washing will occur; the estimated start date for the sandblasting, grinding, or chemical washing; and the estimated duration of the sandblasting, grinding, or chemical washing operation. In addition, the written notice shall also be conspicuously posted in the common area of the building and shall have attached to it a copy of the permit and permit application. This notice shall be in addition to the notice required in Section 7-28-065.
(c) Notification to neighboring area. The permittees shall also provide the notice required in subsection (b) to all the occupants of every residential building of less than ten dwelling units and the owners, managing agent, or occupants of every residential building of ten or more dwelling units and every nonresidential building located within a 75-foot radius of the surface to be sandblasted, ground, or chemically washed when the building, facility, structure, statue, or other architectural surface being sandblasted, ground, or chemically washed is four or less stories in height. With respect to buildings, facilities, structure, statues, or other architectural surfaces more than four stories in height, the radius of the notification shall be determined by the Commissioner, giving due consideration to the public interest.
(d) Sandblasting, grinding or chemical washing of painted surfaces; laboratory testing; minimization plan for dust from lead containing paint.
(1) Paint testing: If any surface to be sandblasted, ground, or chemically washed is painted, representative paint samples must be taken from that surface by a lead inspector duly licensed by the State of Illinois and tested for lead content by a laboratory certified by a duly authorized federal or state agency, or a recognized laboratory accreditation organization acceptable to the Commissioner. For purposes of this section, a representative paint sample means a sample containing all layers of paint on any surface to be sandblasted, ground, or chemically washed. The number of, and locations from which, representative samples shall be taken shall be subject to the approval of the Commissioner. All test results from the laboratory must be attached as part of the permit application and shall be submitted on a form signed by the laboratory and containing the laboratory’s name, address, telephone number, and certification or accreditation number.
(2) Lead containing paint: If the paint contains more than five-tenths of one percent lead by weight, the paint shall be considered to be “lead containing” and the applicant must retain a state-licensed lead assessor to develop a minimization plan to ensure that dust emissions will be minimized during and after sandblasting, grinding, or chemical washing operations. The minimization plan must be attached to the permit application and shall be submitted on a form signed by the lead assessor and containing the lead assessor’s name, address, telephone number, and state license number.
(e) Rescheduling sandblasting, grinding, or chemical washing project. No one shall engage in sandblasting, grinding, or chemical washing on a date outside of the date(s) granted in the permit. If a permittee needs to begin sandblasting, grinding, or chemical washing at a date later than the start date contained in the permit, then the permittee shall provide written notification to the Commissioner and all other persons required to receive notice under subsections (b) and (c) of this section at least 24 hours prior to the commencement of the rescheduled sandblasting, grinding, or chemical washing operation. For permittees working on a residential structure with more than four dwelling units or any nonresidential building, facility, structure, statue, or other architectural surface, (i) no later than one business day in advance of the permit start date, the permittee shall notify the Department that the sandblasting, grinding, or chemical washing will not begin as permitted, and (ii) inform the Department in a manner prescribed by the Commissioner of the new start date at least three business days prior to beginning the sandblasting. grinding, or chemical washing. Regardless of the type of project, any start date which is beyond the time range allotted in the permit will require the application and approval of a new permit.
(f) Removal and disposal of dust, debris or waste water from sandblasting, grinding, or chemical washing operations. Dust, debris, and waste water generated by sandblasting, grinding, or chemical washing operations constitute waste as that term is defined in Section 11-4-120. Dust, debris, and waste water generated by sandblasting, grinding, or chemical washing operations must be removed from the site of the sandblasting, grinding, or chemical washing operation on a daily basis and must be disposed of at a landfill duly licensed in accordance with Section 11-4-1500 to accept such material or a permitted waste water treatment facility.
(g) Dust minimization – Containment, wetting, or vacuuming; plan required. Dust generated from any sandblasting, grinding, or chemical washing operation shall be minimized through the use of dust containment, wetting, vacuum attachment, or other such mechanical means as appropriate. A written dust minimization plan shall be prepared prior to beginning any work and the plan shall be implemented throughout the sandblasting, grinding, or chemical washing operation. A copy of the plan shall be maintained at the site throughout the course of the operation and shall be made available to the Commissioner or the Commissioner’s designees upon request.
(h) Permit fees. The fee for a permit to sandblast, grind, or chemically wash any building, structure, statue, or other architectural surface shall be $200.00 per building, structure, statue, or other architectural surface. The permit fee shall be waived for any unit of federal, state, or local government or school district.
(Added Coun. J. 9-1-99, p. 10096, § 2; Amend Coun. J. 6-7-00, p. 34984, § 1; Amend Coun. J. 4-9-08, p. 24657, § 3; Amend Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 5-8-13, p. 53462, § 1; Amend Coun. J. 10-31-18, p. 87776, § 3; Amend Coun. J. 3-13-19, p. 96335, § 1)
It shall be unlawful within the City of Chicago for any person, firm or corporation to cause or to permit the spraying of any substance containing asbestos, as defined in this article, in or upon any building, structure, column, frame, floor, ceiling or other portion, part or member thereof during its construction, reconstruction, alteration or repair; provided, however, that such enclosed factories, buildings or structures in which the fabrication or manufacture of products containing asbestos is carried on shall not be subject to this provision.
(Added Coun. J. 10-7-09, p. 73413, § 1)
(a) Civil penalties. Violation of any of the provisions of this article is hereby declared to be a public nuisance. Any person found to have violated any of the provisions of this article shall be assessed a civil penalty in accordance with the following schedule.
Schedule:
Violation Type | Residential Structures With Four or Fewer Units | Residential Structures With More Than Four Units | All Other (Non Residential) Facilities, Structures or Architectural Surfaces |
Violation Type | Residential Structures With Four or Fewer Units | Residential Structures With More Than Four Units | All Other (Non Residential) Facilities, Structures or Architectural Surfaces |
Not less than $2,000.00 and not more than $5,000.00 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 | |
Not less than $2,000.00 and not more than $5,000.00 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 | |
Not less than $2,000.00 and not more than $5,000.00 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 | |
Not less than $2,000.00 and not more than $5,000.00 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 | |
Failure to comply with Subsection 11-4-2180(a) | Not less than $500.00 and not more than $1,000.00 | Not less than $2,000.00 and not more than $5,000.00 | Not less than $2,000.00 and not more than $5,000.00 |
Failure to comply with Subsection 11-4-2180(b) | Not less than $2,000.00 and not more than $5,000.00 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 |
Not less than $250.00 and not more than $500.00 | Not less than $500.00 and not more than $1,000.00 | Not less than $500.00 and not more than $1,000.00 | |
Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 | |
Failure to comply with Section 11-4-2195 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 |
Each day on which such a violation shall continue shall constitute a separate and distinct violation.
(b) Owners and contractors; joint and several responsibility. The owner(s) of any building, facility, structure, statue, or other architectural surface shall be jointly and severally liable with any contractor or other person retained or otherwise authorized by such owner(s) to perform any demolition, renovation, sandblasting, grinding, or chemical washing activity for any violation of this article caused by the action or inaction of any contractor or other person retained or otherwise authorized by the owner(s).
(Added Coun. J. 9-1-99, p. 10096, § 2; Amend Coun. J. 6-7-00, p. 34984, § 1; Amend Coun. J. 4-9-08, p. 24657, § 3; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 12-9-15, p. 15681, § 1; Amend Coun. J. 3-13-19, p. 96335, § 2)
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