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* Editor's note – Coun. J. 7-20-16, p. 28694, § 1, repealed and replaced Ch. 11-5 in its entirety.
Article I. Title and Definitions
11-5-010 Title.
11-5-020 Definitions.
Article II. Source-Separated Recycling: General Requirements
11-5-030 Contract with a private hauler – When required – Exemptions.
11-5-040 Impossibility of compliance – Exemption.
11-5-050 Single stream recycling – Permitted.
11-5-060 Selective reuse or recycling of recyclable material – When permitted.
11-5-070 Backhauling of recyclable material – Permitted.
11-5-080 Recyclable material – Prohibited material.
11-5-085 Removing recyclable material from a recycling container – Prohibition – Exemption.
11-5-090 Producing materials for inspection – Required.
11-5-095 Violation – Penalty.
Article III. Refuse Collection Customers
11-5-100 Exemption.
11-5-110 Source-separated recycling – Required.
11-5-120 Recycling containers – Required.
11-5-130 Recycling signs – Required.
11-5-140 Education of tenants – Required.
11-5-150 Violation – Penalty.
Article IV. Private Haulers
11-5-160 Exemption.
11-5-170 Source-separated recycling – Required.
11-5-180 Notification to customers – Required.
11-5-190 Private haulers to offer recycling services to customers – Required.
11-5-200 Delivery of recyclable material to properly permitted facility – Required.
11-5-210 Record keeping – Required.
11-5-220 Annual recycling report – Required.
11-5-230 Recycling containers – Required.
11-5-240 Educating customers about recycling – Required.
11-5-250 Violation – Penalty.
Article V. Backhaulers
11-5-260 Source-separated recycling – Required.
11-5-270 Proper disposal of recyclable material – Required.
11-5-280 Selective backhauling of recyclable material – When permitted.
11-5-290 Proper handling of recyclable material – Required.
11-5-300 Record keeping – Required.
11-5-310 Annual recycling report – Required.
11-5-320 Violation – Penalty.
Article VI. Miscellaneous Requirements
11-5-330 Plastic bag and film plastic recycling.
Article VII. Enforcement
11-5-340 Rules.
11-5-350 Enforcing departments.
ARTICLE I. TITLE AND DEFINITIONS (11-5-010 et seq.)
This chapter shall be known and may be cited as the “Chicago Recycling Ordinance”. Effective January 1, 2017, source-separated recycling shall be deemed to be the method of recycling used in the City of Chicago. Source-separated recycling requires all persons citywide to place recyclable material in designated recycling containers and to keep recyclable material separate from waste until such time that the recyclable material is collected for delivery to a properly permitted facility.
(Added Coun. J. 7-20-16, p. 28694, § 1)
As used in this chapter, unless the context requires otherwise, the following terms shall have the meanings set forth in this section:
“Backhauler” means the owner of any facility from which backhauled recyclable material is transported.
“Backhauled” or “backhauling” or “backhaul” means the process of using a truck: (1) to deliver to the local branch of a company, from such company's warehouse, distribution center or similar facility, any food, merchandise, goods or other material that is temporarily packaged, for purposes of such delivery, in recyclable material; and (2) after delivery, to return such recyclable material to the company's warehouse, distribution center or similar facility for reuse or recycling.
“Building” has the meaning ascribed to the term in Section 13-4-010.
“City” means the City of Chicago.
“City inspector” means any person under the employ of, or authorized by, any city department to inspect any building, property or premises for compliance with the requirements of the Municipal Code of Chicago.
“Collection” or “collected” means recovered by a hauler.
“Commissioner” means the Commissioner of Streets and Sanitation unless otherwise specified herein.
“Common area(s)” means those common areas of the premises where recyclable material is (1) routinely generated by the persons occupying, using, visiting or lawfully upon the premises, or (2) kept prior to removal to a location for collection by a private or public hauler.
“Construction and demolition debris” has the meaning ascribed to the term in Section 11-4-120.
“Department” means the Department of Streets and Sanitation unless otherwise specified herein.
“Dwelling unit” has the meaning ascribed to the term in Section 13-4-010.
“Existing building” has the meaning ascribed to the term in Section 13-4-010.
“Landscape waste” means grass or shrubbery cuttings, leaves, tree limbs or other materials accumulated as a result of the care of lawns, shrubbery, vines or trees, and includes any discarded fruits, vegetables or other vegetative material generated in the care of a garden.
“Low-density residential building” means a single family home or any residential building, as defined herein, that contains four or fewer dwelling units.
“Maintenance area(s)” means any area of the premises where waste is collected for recovery by a hauler.
“Occupational unit” has the meaning ascribed to the term in Section 7-28-200.
“Owner” has the meaning ascribed to the term in Section 13-4-010 and shall include, but is not limited to, the owner's duly authorized agent.
“Private hauler” means any person that holds or is required to hold a private scavenger license under Section 4-6-130 .
“Public hauler” means the Department of Streets and Sanitation of the City of Chicago.
“Recycling container(s)” means any automatic lift container, bin, roll-off container or other storage container provided for use in placing and storing recyclable material pending collection of the recyclable material.
“Recycling facility” has the meaning ascribed to the term in Section 11-4-120.
“Refuse collection customer” means any person that: (1) enters into or is required to enter into a contract with a private hauler for the provision by such private hauler of waste collection services or recycling collection services or both to a building; or (2) owns or leases any building or occupational unit within a building that is serviced by a public hauler.
“Residential building” means any building or space that is primarily designed or used, as determined by the Commissioner, for dwelling by persons in a dwelling unit, including, but not limited to, apartment buildings, cooperative buildings, condominium buildings, hotels, dormitories and similar occupancies.
“Scavenger service” means waste or recyclable material collection service provided by a private hauler holding a valid private scavenger license under Section 4-6-130.
“Single stream recycling” means a type of source- separated recycling in which all recyclable material, regardless of type, can be placed in the same recycling container.
“Source-separated recycling” means a process that: (1) separates recyclable material from waste, before the point of collection of such material, by requiring that recyclable material be placed in designated recycling containers, and (2) keeps recyclable material separate from waste until the recyclable material can be returned to the economic mainstream as new, used or reconstituted products.
“Tenant” means any person entitled by written or oral agreement, or by subtenancy approved by the landlord, or by sufferance to occupy a space within a building to the exclusion of others.
“Waste” means any discarded or abandoned material in solid, semisolid, liquid or contained gaseous form, including, but not limited to, industrial process waste, hazardous waste, municipal waste, special waste, garbage, or sludge from a waste treatment plant, water supply treatment plant or air pollution control facility. For purposes of this definition: The term “waste” includes, but is not limited to, any prohibited material listed in subsection (b) of Section 11-5-080, as modified by, or added to, in duly promulgated rules issued under Section 11-5-340. The term “waste” excludes: (1) sewage collected and treated in a municipal or regional sewage system; and (2) recyclable material as defined herein.
(Added Coun. J. 7-20-16, p. 28694, § 1)
Notes
| 4-6-130 | 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. |
ARTICLE II. SOURCE-SEPARATED RECYCLING: GENERAL REQUIREMENTS (11-5-030 et seq.)
(a) Duty. Except as otherwise provided in subsections (b) or (c) of this section, the following persons shall contract with a private hauler, or cause a contract to be entered into with a private hauler, for the provision of source-separated recycling services as defined in Section 11-5-020: (1) any building owner that is required to provide or contract to maintain commercial refuse containers and scavenger service under Section 7-28-220 or compactors and collection service under Section 7-28-225; and (2) the occupant of any occupational unit within a building, if such occupant is required under Section 7-28-220 to provide or contract to maintain scavenger service.
(b) Exemptions applicable to owners. The requirements set forth in item (1) of subsection (a) of this section shall not apply to: (1) an owner that backhauls all of the recyclable material listed in Section 11-5-080 in accordance with the requirements set forth in Article V of this chapter, as applicable; or (2) an owner that holds a valid certificate of exemption under Section 11-5-040, to the extent of such exemption.
(c) Exemptions applicable to occupants of occupational units. The requirements set forth in item (2) of subsection (a) of this section shall not apply to the occupant of an occupational unit if: (1) the occupant's lease agreement provides for scavenger service sufficient to meet such occupant's waste generation and recyclable material collection needs; or (2) the occupant backhauls all of the recyclable material listed in Section 11-5-080 in accordance with the requirements set forth in Article V of this chapter; or (3) the occupant's occupational unit is located within a building whose owner holds a valid certificate of exemption issued under Section 11-5-050 for the building, to the extent of such exemption; or (4) the occupant holds a valid certificate of exemption issued under Section 11-5-040 for the occupational unit, to the extent of such exemption.
(d) Any person who violates this section or any rule promulgated thereunder shall be given a 30-day notice of noncompliance, and shall come into compliance with this section within 30 days of the date on which such notice is personally served, mailed, sent or otherwise provided.
(e) In addition to any other penalty provided by law, any person who violates this section or any rule promulgated thereunder shall be fined not less than $500.00 nor more than $1,000.00 for a first violation; not less than $1,000.00 nor more than $2,500.00 for a second violation within any 12-month period; and not less than $2,500.00 nor more than $5,000.00 for a third and each subsequent violation occurring within 12 months of the most recent violation. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
(Added Coun. J. 7-20-16, p. 28694, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. VIII, § 12)
If, due to the configuration, location or unique characteristics of an existing building, it is physically impossible or hazardous for a refuse collection customer to store recyclable material on the premises for separate collection or to otherwise comply with any requirement of this chapter, such refuse collection customer may apply to the Commissioner for a written certificate of exemption from compliance with the requirements of this chapter. Application for such certificate shall be made by the refuse collection customer, on a form provided by the department, and shall be accompanied by a non-refundable application fee of $500.00.
Upon receipt of such application, the Commissioner or the Commissioner's designee shall conduct a site visit of the subject premises to determine the validity of the claim of impossibility or hazard. Prior to granting any exemption under this section, the Commissioner may request the refuse collection customer to work with a private hauler or other person, at the refuse collection customer's expense, to determine whether a reasonable alternative method of recycling can be implemented at such premises.
If, following such site visit, the Commissioner determines that it is not impossible or not hazardous for the refuse collection customer to store recyclable material on the premises for separate collection or to otherwise comply with any requirement of this chapter, the Commissioner shall enter a final order to such effect. Such final order shall be accompanied by a written decision stating why the Commissioner determined that it is not impossible or not hazardous for the refuse collection customer to store recyclable material on the premises for separate collection or to otherwise comply with any requirement of this chapter. The Commissioner is authorized to and shall issue any final order necessary to enforce this section.
If, following such site visit, the Commissioner determines that it is impossible or hazardous for the refuse collection customer to store recyclable material on the premises for separate collection or to otherwise comply with any requirement of this chapter, the Commissioner shall issue to such refuse collection customer a certificate of exemption for such premises, which shall specify the scope of any exemption granted and, where practicable, shall require the refuse collection customer to implement a reasonable alternative method of recycling. If issued, such certificate shall exempt the premises identified in such certificate and all residents, tenants and occupants of such premises from compliance with the requirements of this chapter on the premises identified in such certificate, to the extent, and subject to the conditions, stated on the face of such certificate. Such certificate, which shall be transferable, shall be valid for a period of five years from the date of its issuance, or until such time that the premises identified in such certificate are substantially rehabilitated in a manner that allows for compliance with the requirements of this chapter, or until such time that the certificate of exemption is revoked for cause by the Commissioner following notice and a hearing before the Commissioner, whichever comes first. A copy of such certificate shall be posted by the refuse collection customer, in a conspicuous place, in a common area of the premises identified in such certificate. Upon request by any resident-tenant or occupant of the premises identified in such certificate, the refuse collection customer shall provide a copy of such certificate to such person.
(Added Coun. J. 7-20-16, p. 28694, § 1)
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