11-4-2180 Owner responsibilities for maintenance of asbestos containing material in facilities, buildings, or other structures.

   (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)

11-4-2190 Sandblasting, grinding and chemical washing of buildings, facilities or other structures; permit and notification requirements; performance standards for lead paint abatement; and disposal of debris.

   (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)

11-4-2195 Spraying of asbestos prohibited – Exceptions.

   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)

11-4-2200 Violations – Public nuisance – Civil penalties – Joint and several liability.

   (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
Failure to file a notice of intent and obtain required Department approval pursuant to Section 11-4-2170(a) or failure to obtain approved permit pursuant to Section 11-4-2190(a)	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 11-4-2170(e) or Subsection 11-4-2190(d)	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 11-4-2170(b), (c), or (d), or Subsection 11-4-2190(b), (c), (f), or (g)	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 11-4-2170(f)(1), 11-4-2170(f)(2), or 11-4-2170(f)(3)	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
Failure to maintain documentation on site required under Subsection 11-4-2170(a)(2) or Subsection 11-4-2190(a)(3), or failure to comply with Subsection 11-4-2190(e)	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
Providing any information required by Sections 11-4-2150 through 11-4-2190 which the providing person either knew or reasonably should have known was false or misleading at the time provided	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)

11-4-2205 Enforcement – Cease and desist orders – Abatement – Cost recovery – Termination of city contracts and licenses.

   (a)   Cease and desist orders. The commissioner shall have the authority to issue an emergency or a non- emergency cessation order in accordance with Section 11-4-025 of this Code to stop any person from proceeding with any activity regulated under this article when the commissioner has reason to believe that such activity either is proceeding in violation of any provision under this article or is otherwise in contravention of the public interest.

   (b)   Emergency abatement. 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.

   (c)   Non-emergency abatement. In the event that 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 written notice 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 notice to abate, 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.

   (d)   Cost recovery. In addition to the penalties prescribed in Section 11-4-2200, the city shall be entitled to recover a penalty or cost as provided in Section 11-4-025 of this Code.

   (e)   Termination of city contracts and licenses. In addition to any other penalty or remedy imposed under this chapter, if any person or business performing work under any contract with the city is found liable for violating any provision under this article, the city may terminate the contract by giving written notice of the termination to the person or business. The contract shall be null and void upon delivery of such notice. Any business license issued by the city to any person who violates this section two or more times within any ten- year period shall be subject to revocation if the violation occurred in the course of the business for which the license was issued.

(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)

11-4-2207 Severability.

   If any part of sections 11-4-2150 through section 11-4-2205 is found to be invalid for any reason, such holding shall not affect the validity of the remaining portions of those sections.

(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)