11-4-2535 Annual report required.

Composting means a controlled process which transforms organic waste and/or livestock waste into products useful as soil amendments. Composting shall include windrow composting, in-vessel aerobic composting and anaerobic digestion composting technologies.

Composting facility means any building, portion of a building or area in which organic waste and/or livestock waste is collected, stored, or processed.

Department means the Department of Health.

Drop-off center means any recycling facility that accepts without charge or payment recyclable materials.

Food scrap means garbage that is (i) capable of being composted, (ii) separated by the generator from other waste, including non-compostable garbage; and (iii) managed separately from other waste, including non-compostable garbage. Food scrap includes packaging, utensils, and food containers composed of readily biodegradable material in accordance with the ASTM D6400 standard required for use under Section 3.197 of the Illinois Environmental Protection Act, as amended.

Illinois Environmental Protection Act means the Environmental Protection Act, as amended, codified at 415 ILCS 5/1, et seq.

In-vessel means composting which is conducted entirely within a fully enclosed container, with no opening having a dimension greater than 1/4 inch in any direction.

Landscape waste means grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as a result of the care of lawns, shrubbery, vines and trees, and includes any discarded fruits, vegetables and other vegetative material or crop residue generated in the care of a garden. The term “landscape waste” does not include soil other than incidental soil (e.g., soil attached to sod or attached to other materials accumulated as a result of the care of lawns, shrubbery, vines, trees or a garden).

Livestock waste means excreta from animals used for food, fiber or labor, associated feed losses, and bedding.

Organic waste means food scrap, landscape waste, uncontaminated wood waste or other non-hazardous carbonaceous waste, such as paper, corrugated paper or cardboard, that is collected and processed separately from the rest of the municipal waste stream.

Owner or operator means any person who has legal title to any premises, who has charge, care or control of any premises, who is in possession of the premises or any part thereof, or who is entitled to control or direct the management of the premises.

Processing means manual, mechanical or automated separation of recyclable material from other materials; separation of recyclable materials from each other; cleaning, bundling, compacting, cutting, packing of recyclable material or such other processing of recyclable materials as approved by the commissioner.

Recyclable material shall be categorized as Type A, Type B, Type C or Type D recyclable material and shall have the meaning ascribed to each such type, as follows:

“Type A recyclable material(s)” means any aluminum or ferrous or non-ferrous scrap metal; bi-metal or tin cans; glass products; paper products; rubber; textiles; plastic products, such as polyethelene terephthalate, high density polyethylene, low density polyethylene, polystyrene or polypropolene; and any other material designated as Type A recyclable material by the commissioner in duly promulgated rules and regulations.

“Type B recyclable material(s)” means organic waste, and any other material designated as Type B recyclable material by the commissioner in duly promulgated rules and regulations.

“Type C recyclable material(s)” means used motor vehicles or motor vehicle parts, and any other material designated as Type C recyclable material by the commissioner in duly promulgated rules and regulations.

“Type D recyclable material(s)” means construction and demolition debris that does not contain lead, asbestos or any other hazardous material in such a way as to render recycling of such material illegal or impossible and that has been rendered reusable and is reused, or that would otherwise be disposed of or discarded but is collected or separated and returned to the economic mainstream in the form of raw materials or product, and any other material designated as Type D recyclable material by the commissioner in duly promulgated rules and regulations.

Recycling facility shall have the meaning ascribed to that term in Section 11-4-120. For classes of recycling facilities, see Section 11-4-2540.

Source separation means the manual separation by the generator of recyclable materials according to type of material.

Uncontaminated wood waste means untreated, unpainted and unvarnished wood.

Urban farm means a farm that meets the description and requirements in Sections and of this Code.

Vector means any living agent, other than human, capable of transmitting, directly or indirectly, an infectious disease.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 6-9-10, p. 93530, § 1; Amend Coun. J. 2-9-11, p. 112149, § 14; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 5-9-12, p. 27485, § 167; Amend Coun. J. 10-16-13, p. 61664, § 1; Amend Coun. J. 7-29-15, p. 4110, § 3; Amend Coun. J. 11-21-17, p. 61755, Art. IV, § 5)

Notes

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11-4-2520 Permit – Required.

No person shall engage in the business of operating a recycling facility in the City of Chicago without having first obtained a written recycling facility permit from the commissioner. Recycling facilities requiring a permit under this section shall comply with the provisions of this article, the rules and regulations promulgated hereunder, the permit and its conditions and any other applicable laws and ordinances. Each permit shall be renewed every three years in accordance with the rules and regulations adopted by the commissioner; provided that for the first renewal of permits after this amendatory ordinance of 2007, the commissioner may renew the permits, based on a random selection, as follows: (1) one-third of the permits shall be issued for a one-year period with a fee equal to one-third of the three year permit fee; (2) one- third of the permits shall be issued for a two-year period with a fee equal to two-thirds of the three year permit fee; and (3) one-third of the permits shall be issued for a three-year period.

No initial recycling facility permit shall be issued for any class of recycling facility set forth in Section 11-4-2540 unless the activity for which a permit under this section is required is a permitted or special use within the zoning district where such facility will be authorized to operate.

If a permittee under this section fails to submit in a timely manner the annual recycling report required under Section 11-4-250 or submits an incomplete annual recycling report, such permittee's permit under this section shall not be renewed by the department of public health until such time that the annual recycling report required under Section 11-4-250 is submitted and is complete.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 2-9-11, p. 112149, § 15; Amend Coun. J. 7-20-16, p. 28694, § 5)

11-4-2525 Permit issuance prohibited.

No permit shall be renewed or issued to:

(a) any person whose permit issued under this article has been revoked for cause within the past three years;

(b) any corporation, general partnership, limited partnership or limited liability company, if any partner, if a general partnership; any general partner, if a limited partnership; any principal officer, if a corporation; any managing member, if a limited liability company; any owner of 25% or more of the applicant; or any other individual required to be identified in the permit application would not be eligible to receive a permit under subsection (a); or

(c) any corporation, general partnership, limited partnership or limited liability company, if any partner, if a general partnership; any general partner, if a limited partnership; any principal officer, if a corporation; any managing member, if a limited liability company; any owner of 25% or more of the applicant; or any other individual required to be identified in the permit application was a principal officer, partner, general partner, managing member or owner of 25% or more of any entity whose permit issued under this article has been revoked for cause within the past three years.

(Added Coun. J. 4-9-08, p. 24657, § 6)

11-4-2530 Permit – Application.

Application for a permit for a recycling facility or an urban farm accessory composting operation shall be made to the commissioner on forms provided by the commissioner for such purpose. Applicants shall provide the following information at a minimum:

(A) Name, address and telephone number of the applicant;

(B) The telephone number(s) of the owner or operator who can receive notice in the event of emergency;

(D) Approval of the zoning board of appeals, as required by the Chicago Zoning Ordinance;

(E) Site sketches with buildings, storage bins, unloading/loading areas, and fencing labeled on the sketch;

(F) Operating hours;

(G) List of materials accepted;

(H) Operating plan which includes methods used to screen for unauthorized material, how material will be handled, description of any processing and a schedule for removal of materials; and

(I) Any other information requested by the commissioner.

It is a condition of the permit that all information in the permit application be kept current. Any change in required information shall be reported to the commissioner, on a form provided by the department, no later than ten business days after such change has occurred.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 2-9-11, p. 112149, § 16; Amend Coun. J. 7-29-15, p. 4110, § 3)

11-4-2535 Annual report required.

(a) Any person who requires a permit under Section 11-4-2520 to operate or maintain a recycling facility shall submit to the commissioner of the department of streets and sanitation a written annual report summarizing all recycling activities occurring at the facility during each calendar year. The annual report required under this section shall be submitted by such person to the department no later than February 28th of each year, following the calendar year to which such report relates. Such report shall contain the following data and information:

(1) the full name and business address of the recycling facility;

(2) the full name, business telephone number and e-mail address of a responsible person to contact regarding the content of any written report submitted under this section;

(3) the tonnage of all recyclable materials per material type or category, collected by the permittee during the applicable reporting period; the approximate percentage of each type or category of recyclable material collected by the permittee; the name and location to which each type or category of recyclable material was delivered; and the approximate percentage of each type or category of recyclable material delivered to each named location;

(4) if applicable, the tonnage of all municipal solid waste collected by the permittee during the applicable reporting period; the name and location to which the municipal solid waste was delivered; and the approximate percentage of municipal solid waste delivered to each named location;

(5) if applicable, the tonnage of all construction and demolition debris, per material type or category, collected by the permittee during the applicable reporting period; the approximate percentage of each type or category of construction and demolition debris collected by the permittee; the name and location of the facility to which each type or category of construction and demolition debris was delivered; and the approximate percentage of each type or category of construction or demolition debris delivered to each named location; and

(6) any other information that the commissioner of streets and sanitation may require to implement the requirements of this chapter and Chapter 11-5 of this Code.

(b) Penalties imposed for violations of this section shall be as provided in Section 11-4-030 of this Code.

(Added Coun. J. 11-5-93, p. 40151; Corrected. Coun. J. 4-13-93, p. 49112; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 7-20-16, p. 28694, § 6)

11-4-2540 Permit – Classification.

(a) Permits for recycling facilities shall be divided into five classes, as follows:

Class I facilities are recycling facilities which contain receptacles for the collection of Type A and Type B recyclable materials only. Manual separation only of Type A and Type B recyclable materials shall be permitted at a Class I facility.

Class II facilities are recycling facilities for the collection of Type A and Type B recyclable materials only. Class II facilities may perform any activity permitted in a Class I facility and may also perform processing.

Class III facilities are recycling facilities for the collection of Type A and Type B recyclable materials only. Class III facilities may perform any activity permitted in a Class II facility and may also engage in composting.

Class IV facilities are divided into Class IVA facilities and Class IVB facilities. Class IVA facilities are recycling facilities for the collection of Type A and Type C recyclable materials only. Class IVA facilities may engage in processing, such as cleaning, bundling, compacting or packing of recyclable materials, and may also dismantle, either manually or with the use of small power tools used vehicles and used vehicle parts for resale. Class IVB facilities are recycling facilities for the collection of Type A and Type C recyclable materials only. Class IVB facilities may perform any activity permitted in a Class IVA facility and may also engage in the shredding, crushing or other large-scale processing of vehicles.

Class V facilities are recycling facilities for the collection of Type D recyclable materials only. Manual sorting and temporary storage only of Type D recyclable material shall be permitted at a Class V facility.

(b) No recycling facility permitted or required to be permitted under this section shall engage in the recovery of materials for fuel in combustion or energy production processes. However, this subsection shall not prohibit any such recycling facility from recovering and using biogas or other fuel generated as a byproduct of a recycling activity, as approved by the commissioner, while the facility is otherwise primarily engaged in recycling.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 2-9-11, p. 112149, § 17; Amend Coun. J. 10-16-13, p. 61664, § 1)

11-4-2545 Urban farm accessory composting operation.

In addition to all applicable local, state and federal laws, and rules and regulations promulgated thereunder, an urban farm accessory composting operation shall meet the following criteria:

(1) Permit. No person shall engage in an urban farm accessory composting operation in the city without having first obtained an urban farm accessory composting operation permit from the commissioner. A Class III recycling facility permit holder is not required to obtain an urban farm accessory composting operations permit to conduct composting.

(2) Ingredients. The composting operation composts any type of organic waste and livestock waste. In addition to other reasonable permit conditions that the commissioner may impose to protect the public health, safety or welfare of the city, the commissioner may impose permit conditions limiting the type and volume of livestock waste that the composting operation may compost.

(3) Size. The composting operation constitutes no more than 2% of the site's total acreage.

(4) Acceptance of material. No fee shall be charged for the acceptance of materials to be composted at the facility.

(5) Processing. All food scrap must be processed into the composting operation by the end of the day it was generated on-site or received from off-site. Other organic waste or livestock waste must be processed into the composting operation or be contained in a properly maintained covered steel or rigid plastic container by the end of the day it was generated on-site or received from off-site.

(6) Commercial use. Compost sold or used off-site shall meet or otherwise comply with all applicable performance standards for organic waste compost facilities and with all applicable testing procedures and standards for the end-product compost produced by organic waste compost facilities, as set forth in rules issued by the Illinois Pollution Control Board pursuant to authority granted to such Board under subsections (b) and (e) of Section 22.34 of the Illinois Environmental Protection Act.

(7) Record keeping. Any person engaged in an urban farm accessory composting operation shall, in a form prescribed by the commissioner, maintain on site and shall make available for inspection records of all organic waste and livestock waste received from off-site, and the amount of compost sold by the facility.

(Add Coun. J. 7-29-15, p. 4110, § 3)

11-4-2550 Permit – Fees.

(a) The term of a recycling facility permit shall be for three years. The three year fee shall be:

Class I.....$300.00

Class II

Less than 500 tons per day.....$1,500.00

500 to 1,000 tons per day.....$2,250.00

More than 1,000 tons per day.....$3,000.00

Class III.....$3,000.00

Class III recycling facility permit for a not-for-profit applicant that conducts a composting operation of less than 4,000 tons per year.....$300.00

Class IV.....$3,000.00

Class V.....$4,500.00

(b) An urban farm accessory composting operation permit shall have a three-year term. The three-year permit fee shall be $300.00.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 12-4-02, p. 99931, § 8.5; Amend Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 2-9-11, p. 112149, § 18; Amend Coun. J. 7-29-15, p. 4110, § 3)

11-4-2560 Permit – Term – Nontransferability.

No permit issued under this article shall be transferable or assignable.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812)

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