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.

11-4-2660 Rules and regulations authorized.

   The commissioner shall promulgate rules and regulations necessary to implement the provisions of this Article XX. Such rules and regulations may include, but are not limited to, requirements for electronic reporting of valuable or uniquely identifiable recyclable materials. The commissioner is authorized to evaluate and approve for use under this chapter new technologies for composting.

(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, § 5; Amend Coun. J. 5-6-15, p. 108540, § 8)

11-4-2670 Reserved.

Editor's note – Coun. J. 9-27-07, p. 9208, § 2, repealed § 11-4-2670, which pertained to permit revocation and suspension procedure.

11-4-2680 Violation – Penalty.

   (a)   Unless otherwise provided in this article, penalties imposed for violations of any provisions of this article shall be as provided in Section 11-4-030 of this Code.

   (b)   The commissioner may inspect or cause the inspection of a recycling facility or an urban farm accessory composting operation in order to determine compliance with this article, the rules and regulations promulgated hereunder, a recycling facility or an urban farm accessory composting operation permit and its conditions and other applicable laws and ordinances. 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 such facility or operation 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 the presence, treatment or storage of any recycling or composting material, or other activity on the premises, in violation of this article, a recycling material facility or an urban farm accessory composting operation permit or its conditions or the rules and regulations promulgated hereunder, or (ii) the facility or operation being operated without a required permit. 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)   If 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 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, 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.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 3-31-04, p. 20916, § 3.31; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 7-29-15, p. 4110, § 3)

ARTICLE XXI. RESERVED.

Editor's note – Coun. J. 11-16-11, p. 13798, Art. II, § 7, repealed §§ 11-4-2700 through 11-4-2920, which pertained to environmental noise and vibration control.

ARTICLE XXII. INVASIVE SPECIES CONTROL (11-4-3000 et seq.)

11-4-3000 Definitions.

   For purposes of this Article XXII, the following definitions shall apply:

   (a)   “Business” means any sole proprietorship, partnership, joint venture, corporation, limited liability company or other business entity formed for profit- making purposes, including, but not limited to, retail establishments, wholesale establishments, or aquaculture establishments.

   (b)   “Ecosystem” means any living or non living organisms interacting as a unit wholly or partly within or adjoining the territorial boundaries of the City of Chicago.

   (b-1)   “Commissioner” means the commissioner of business affairs and consumer protection.

   (c)   “Live transport species” means any species of aquatic or terrestrial life which may be possessed or transported live but which shall not be sold live and which is listed as a live transport species by rules and regulations promulgated by the commissioner.

   (d)   “Regulated invasive species” means any species of aquatic or terrestrial life listed as a regulated species by rules and regulations promulgated by the commissioner, including, but not limited to, any snakehead fish (any walking catfish of the clariidae family), any bighead carp (hypophthalmichthys nobilis), any silver carp (hypophthalmichthys molitrix), and any black carp (mylopharyngodon piceus).

   (e)   “Regulated animal species” means any animal species listed as a regulated animal species by rules and regulations promulgated by the commissioner.

   (f)   “Regulated plant species” means any plant species listed as a regulated plant species by rules and regulations promulgated by the commissioner.

   (g)   “Retailer” means any person engaged in the business of distributing, supplying, furnishing, or selling of goods or services to a person for use or consumption.

   (h)   “Viable plant material” means any portion of a plant capable of reproduction, including but not limited to, any seeds, fragments, roots, flowers, or whole plants.

(Added Coun. J. 5-9-07, p. 104624, § 1; Amend. Coun. J. 9-5-07, p. 6584, § 1; Amend Coun. J. 7-6-11, p. 2827, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)