11-4-2620 Storage time limit – Maintenance of records.

   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)

11-4-2625 Prohibited and regulated materials.

   (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)

11-4-2630 Inspection.

   (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)

11-4-2640 Facility requirements.

   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)

11-4-2645 Identification of vehicles.

   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)

11-4-2650 Exemptions from Article XX provisions.

   (a)   Nothing contained in this Article XX shall apply to the recycling or recovery of waste materials by a manufacturer for reuse in a manufacturing process, or to the purchase of recycled materials by a manufacturer for use as a raw material in a manufacturing process.

   (b)   A facility intending to compost landscape waste or organic waste generated on-site and for reuse on-site at the facility shall not be required to obtain a Class III recycling permit under this Article XX, if such facility is exempt under subsections (3) and (4) of Section 7-28-715 from having to obtain a permit to engage in the applicable composting operation. Provided, however, that any operation to compost landscape waste or organic waste generated on-site for reuse on-site at such a facility shall comply with the general composting standards set forth in subsection (2) of Section 7-28-715.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 6-9-10, p. 93530, § 3)

11-4-2655 Inspection by the police department.

   Every facility shall, at all reasonable times, be open for inspection by any member of the police department.

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

11-4-2657 Prohibited activities.

   No recycling facility permittee shall:

   (a)   receive any article or thing by way of pledge or pawn, nor shall such permittee loan or advance any sum of money on the security of any article or thing;

   (b)   receive or hold a license to conduct the business of pawnbroker, secondhand dealer or itinerant dealer in secondhand clothing;

   (c)   purchase any article whatsoever from any minor without the written consent of the minor's parent or guardian;

   (d)   purchase any article from any person who appears to be intoxicated or under the influence of any drug;

   (e)   keep, maintain or conduct a place for the purchase, reception or keeping of stolen goods;

   (f)   accept, receive, purchase or acquire any charred metal unless the permittee can demonstrate through receipts or other documentation approved by the commissioner that the material has come from a properly licensed company which has and uses processing equipment with the appropriate functioning emission control devices to remove coatings on the wire;

   (g)   sort through garbage for the purpose of recovering recyclable material without first obtaining a waste handling facility permit issued under Section 11-4-1520;

   (h)   accept, receive, purchase or acquire any material that is delivered to the facility in any (1) city-owned or government-owned garbage container or cart; or (2) city-owned or government-owned recycling container or cart; or (3) retail store shopping cart of the type commonly provided by big-box stores and supermarkets for use by customers to transport merchandise to the checkout counter during shopping; or

   (i)   purchase, or otherwise acquire for consideration of any type, any catalytic converter that is not attached to a motor vehicle unless the detached catalytic converter is accompanied by the motor vehicle from which it was removed, or any portion of a dismantled catalytic converter that is reasonably identifiable as such, unless the person selling, disposing of or otherwise transferring such catalytic converter or portion thereof to the permittee: (1) is a properly licensed motor vehicle repair shop under Chapter 4-228 of this Code and provides the permittee with a copy of the invoice required under Section 4-228-217 (b), or (2) is another properly permitted Class IVA or Class IVB recycling facility under Chapter 11-4 of this Code, and in addition (3) is a regular customer of the permittee with an established customer account within the meaning of Section 11-4-2625(a) containing proof of the required licensure and meeting the criteria for an established customer account as set forth in the department’s rules and regulations governing such accounts. Provided, however, that if a motor vehicle repair shop is located outside of the corporate limits of the city and is not required to be licensed under Chapter 4-228 of this Code, such motor vehicle repair shop shall: (i) provide the permittee with all of the information set forth in Section 4-228-217 (b) pertaining to the catalytic converter or portion thereof that is being sold, disposed of or transferred to the permittee, and (ii) have an established customer account with the permittee meeting the criteria for an established customer account as set forth in the department’s rules and regulations governing such accounts.

   In addition to any other penalty provided by law, any person who violates this subsection (i) shall be fined not less than $1,000.00 nor more than $2,000.00 for the first violation; not less than $2,000.00 nor more than $3,500.00 for the second violation for the same offense within one year of the first offense; and not less than $3,500.00 nor more than $5,000.00 for the third and each subsequent violation for the same offense within one year of the previous offense.

(Added Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 6-9-10, p. 93530, § 4; Amend Coun. J. 7-25-12, p. 31401, § 3; Amend Coun. J. 5-6-15, p. 108540, § 7; Amend Coun. J. 11-7-18, p. 88803, § 31)

 

Notes

4-228	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
4-228-217	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
11-4	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
4-228	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
4-228-217	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.