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Unless alternate storage methods have been approved pursuant to Section 11-4-2580, receptacles in Class I, II, III, and IV recycling facilities shall be clearly marked with the type of recyclable material to be deposited. Letters shall not be less than three inches high. No material other than that specified on a receptacle shall be deposited therein.
(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 4-9-08, p. 24657, § 6)
The area surrounding receptacles for the temporary storage of recyclable materials shall at all times be maintained in a clean and sanitary manner. No recyclable materials or waste materials of any kind shall be allowed to accumulate around any receptacle or to overflow from any receptacle.
(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812)
No recyclable materials shall be stored at any recycling facility for longer than 90 days except for processed, recyclable materials as approved in the permit. Each permittee under this article shall maintain records which indicate the date, quantity and type of recyclable materials received. Disposition records shall also be kept which indicate the type, quantity and date of disposition of recyclable materials. Such records shall be open to inspection by the commissioner or his authorized agent during normal business hours and at other times upon reasonable notice.
(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
(a) For purposes of this section only the term “retail transaction” means the purchase, acceptance or receipt by a recycling facility of any material designated as regulated or prohibited from a person who: (1) delivers the material to the facility in a push cart, shopping cart or other similar method; or (2) is not a regular customer with an established customer account. The commissioner may, in rules and regulations, set criteria for an established customer account, including any documentation required to be maintained as part of the account.
A retail transaction does not include donations from, or the purchase or receipt of regulated or prohibited material from: (1) another recycling or junk facility; or (2) a governmental entity.
(b) The commissioner may, in rules and regulations, designate certain types of recyclable materials as either prohibited or regulated materials.
(c) In retail transactions, a permittee shall only accept, receive or purchase regulated material if the permittee:
(1) keeps a record in English which is either typed or printed in ink or maintained in a computer database at the time of acceptance of any regulated material and which legibly and accurately describes: (i) the regulated material accepted, received, or purchased; (ii) the date of the transaction; (iii) a description and license plate number of any vehicle used to deliver the material; and (iv) the name and a copy of the photo identification of the person required in subsection (c)(2) of this section; and
(2) requires, at the time of the transaction, photo identification issued by a federal, state or local governmental entity or by a foreign government through its consular offices, including, but not limited to, a Matricula Consular (CID) card issued by the Mexican consulate, that lists the name and address of the person from whom the permittee is accepting, receiving or purchasing the regulated material or a valid passport accompanied by a utility bill or other written proof of the person's current address.
(d) In retail transactions, a permittee shall only accept, receive or purchase prohibited material if the permittee:
(1) complies with subparagraphs (c)(1) and (2) of this section; and
(2) can demonstrate through receipts or other documentation from a credible source, such as the owner of the prohibited materials, that the prohibited materials are intended to be recycled.
(e) No record made pursuant to this section shall be erased, obliterated or defaced, except as provided in rules and regulations.
(f) All records required by this section shall at all times during the permittee's business hours, and at all other times upon reasonable notice, be made available for inspection by the commissioner or his authorized agent, or any member of the police department. Upon the request of the commissioner or any member of the police department, the permittee shall provide photocopies of such records to the department of health or the police department.
(g) Any person who violates any provision of this section or any rule or regulation promulgated hereunder shall be fined not less than $250.00 nor more than $1,000.00 for each offense. In addition, a violation of any of the provisions of this section shall constitute grounds for revocation or suspension of the permit. The revocation or suspension of the permit shall be in addition to any fines imposed under this section.
It shall be a defense to an alleged violation of subsection (c) or (d) of this section that any error in any record required by those subsections was a bona fide clerical error. The person asserting the defense must prove by clear and convincing evidence that:
(1) the violation was not intentional and resulted solely from a clerical error notwithstanding the maintenance of procedures reasonably adopted to avoid such errors; and
(2) upon discovery of the clerical error, the person has: (i) taken immediate measures to correct the error; (ii) adopted corrective procedures to prevent additional errors; and (iii) immediately notified the commissioner of the clerical error.
(Added Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 12-17-08, p. 51316, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 7-25-12, p. 31401, § 1)
(a) Class I recycling facilities shall be inspected by the owner or operator or an employee of the facility at least once every 24 hours.
(b) During all operating hours, Class II, III, and IV recycling facilities shall have the owner, operator or an employee responsible for operations on site at all times. If the facility remains closed for more than 24 hours, the owner, operator or employee shall inspect the facility at least once every 24 hours.
(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 4-9-08, p. 24657, § 6)
In addition to any other requirements under the Municipal Code, rules and regulations or a permit and its conditions, recycling facilities permitted under this article shall meet the following requirements:
(a) Receptacles for the storage of recyclable materials, any processing equipment and other facility operations shall be located on paved or concrete surfaces which may include asphalt, stone or gravel when deemed appropriate by the commissioner or completely enclosed within a building;
(b) Adequate parking and driveway facilities shall be provided in accordance with the Chicago Zoning Ordinance;
(c) Each facility shall have a sign, clearly visible to the public, which states the name, address and telephone number of the permittee, the type of recyclable materials accepted, and the hours during which the facility shall be open to the public;
(d) Every premises or enclosure, except a completely enclosed building, now or hereafter used as a recycling facility, shall be entirely surrounded by a solid fence eight feet in height which is so constructed as to completely obscure all materials stored or kept within the boundaries thereof, provided that, if the commissioner determines that it would be physically impractical to comply, the commissioner may waive the requirements that all such stored or kept materials must be completely obscured.
(e) In addition to the requirements set forth in subsections (a) through (d), inclusive, of this section, the following requirements shall apply to Class III facilities as defined in Section 11-4-2540:
(1) In addition to any permit required under this Article XX, composting facilities shall obtain, prior to beginning composting operations, at such facility, all applicable permits required under federal, State or local law, including, but not limited to, any applicable Solid Waste Permit or Compost Facility Permit issued by the Illinois Environmental Protection Agency pursuant to Part 807 or Part 831 of Subchapter I of Chapter I(7) of Subtitle G of Title 35 of the Illinois Administrative Code, as amended.
(2) Composting facilities 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.
(3) All organic waste and livestock waste shall, by the end of each operating day, be processed and placed into an enclosed vessel in which air flow and temperature are controlled. For purposes of this item (3), an enclosed vessel may include an anaerobic digestor and its ancillary equipment. Provided, however, that if all of the requirements set forth in paragraphs (19)(B)(i) through (19)(B)(iv), inclusive, of Section 3.330(a) of the Illinois Environmental Protection Act are met, organic waste and livestock waste may, by the end of each operating day, be processed into windrows or other piles if such windrows or other piles are covered in a manner that prevents scavenging by birds and animals and prevents other nuisances.
(4) Composting facilities shall contract with a structural pest control business duly licensed by the State of Illinois to inspect the facility each week for rodents and other vectors, and to take, as often as necessary, rodent and vector abatement measures, including, but not limited to, the use of bait stations or traps to eliminate, reduce and control rodents and other vectors at the facility. The permittee shall maintain on site a written record of all inspections and abatement measures conducted at the permitted facility, including the date and time of such inspections and abatement measures and a detailed description of any abatement measures taken on such date.
(f) Every facility that accepts any small appliance, room air conditioning appliance, motor vehicle air conditioner (M.V.A.C.), or M.V.A.C.-like appliance, as those terms are defined in 40 C.F.R. Part 82, Subpart F, where applicable, shall comply with all requirements of 40 C.F.R. Section 82.156(f) in connection with any such appliance or item, and shall either (i) recover any remaining refrigerant from the appliance or item in accordance with 40 C.F.R. Section 82.156(f), or (ii) verify that the refrigerant has been evacuated from the appliance or item in accordance with 40 C.F.R. Section 82.156(f).
(g) If the recycling facility purchases, accepts or receives from any person any material designated in duly promulgated rules and regulations as a regulated or prohibited material, such recycling facility shall be equipped with sufficient surveillance cameras capable of monitoring all customers and motor vehicles weighing materials at the facility. The surveillance cameras required under this subsection shall be (1) maintained in good working order; (2) operated at all times when the recycling facility is open for business to its customers or the general public; (3) installed at each scale used to weigh materials delivered to the facility; and (4) illuminated in such a manner so as to identify persons and motor vehicles weighing materials at the recycling facility. The recordings made by the required surveillance cameras shall be maintained on-site for at least 30 days after such recording occurs. Upon request by any authorized city official, the permittee shall make such recordings available for inspection by such authorized city official.
(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, § 2; Amend Coun. J. 7-25-12, p. 31401, § 2)
Every vehicle used by a recycling facility off the premises of the recycling facility for the collection, transportation or disposal of any recyclable material shall display on each side of the vehicle in letters not less than two inches in height, in contrasting color, the name, address, telephone number and permit number of the recycling facility.
(Added Coun. J. 10-7-98, p. 78812)
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