ARTICLE II. SOURCE-SEPARATED RECYCLING: GENERAL REQUIREMENTS (11-5-030 et seq.)

11-5-030 Contract with a private hauler – When required – Exemptions.

   (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)

11-5-040 Impossibility of compliance – Exemption.

   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)

11-5-050 Single stream recycling – Permitted.

   Single stream recycling of recyclable material, which is a type of source-separated recycling, is permitted under this chapter.

(Added Coun. J. 7-20-16, p. 28694, § 1)

11-5-060 Selective reuse or recycling of recyclable material – When permitted.

   If a refuse collection customer has a contract in place with a private hauler for the provision of source- separated recycling services for all of the recyclable material listed in Section 11-5-080, as modified by, or added to, in duly promulgated rules issued-under Section 11-5-340, nothing in the chapter shall be construed to prohibit such refuse collection customer from singling out one or more of the items of recyclable material included in such list for reuse by such refuse collection customer or for recycling by such refuse collection customer at a properly permitted facility.

(Added Coun. J. 7-20-16, p. 28694, § 1)

11-5-070 Backhauling of recyclable material – Permitted.

   Backhauling of recyclable material is permitted under this chapter in accordance with the requirements set forth in Article V of this chapter.

(Added Coun. J. 7-20-16, p. 28694, § 1)

11-5-080 Recyclable material – Prohibited material.

   (a)   Recyclable material. Except as otherwise provided in duly promulgated rules and regulations issued under Section 11-5-340, the materials listed in items (1) through (13), inclusive, of this subsection (a), and any additional materials that may be added to such list pursuant to duly promulgated rules issued under Section 11-5-340, shall be source-separated in accordance with the requirements of this chapter:

      (1)   Aluminum cans, aluminum trays and foil;

      (2)   Steel and tin cans;

      (3)   Glass bottles and jars;

      (4)   Plastic bottles and containers made from #1 through #5 plastic resin, inclusive, or #7 plastic resin as indicated in the chasing arrow symbol on the item;

      (5)   Beverage cartons and aseptic packaging;

      (6)   Newspaper;

      (7)   Cardboard;

      (8)   Paper bags;

      (9)   Magazines, catalogues and telephone books;

      (10)   Office paper, computer paper, notebook and gift wrap paper;

      (11)   Chip board and carrier stock packaging such as food and beverage boxes;

      (12)   Junk mail and envelopes;

      (13)   Paperback books.

   (b)   Prohibited material. Except as otherwise provided in duly promulgated rules issued under Section 11-5-340, the materials listed in items (1) through (16), inclusive, of this subsection (b), and any additional materials that may be added to such list pursuant to duly promulgated rules issued under Section 11-5-340, shall not be deposited in any recycling container required to be provided under this ordinance pursuant to Section 11-5-120 or Section 11-5-230:

      (1)   motor oil containers;

      (2)   insecticide containers;

      (3)   herbicide containers;

      (4)   hazardous chemical containers;

      (5)   plastic film;

      (6)   plastic bags;

      (7)   plastic sheets;

      (8)   plastic tarps;

      (9)   plastic wrap;

      (10)   expanded foam;

      (11)   reusable bottles, such as Nalgene or baby bottles;

      (12)   clear polystyrene or styrofoam (#6 plastic);

      (13)   any container or paper fiber other than those listed in subsection (a) of this section;

      (14)   landscape waste;

      (15)   plastic products without a chasing arrow symbol;

      (16)   or any other waste as defined in Section 11-5-020.

   (c)   The fact that a material appears on the list of prohibited material set forth in subsection (b) of this section does not mean that recycling options are not available to allow for the disposal, reuse or recycling of such material in a safe and environmentally-friendly manner. The department shall post and maintain on its City of Chicago website a list of disposal, reuse and recycling options for material that is not required to be recycled under this ordinance but where alternatives exist for the safe and proper disposal of such material. At a minimum, such list of options shall be updated annually by the department.

   (d)   Any person who violates this section shall be fined not less than $50.00 nor more than $100.00 for each offense. Provided, however, that if a violation of any requirement of this section is also a violation of Section 11-5-110 or 11-5-170 or 11-5-260, the fine for violation of Section 11-5-110 or 11-5-170 or 11-5-260, as applicable, shall apply. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 7-20-16, p. 28694, § 1)

11-5-085 Removing recyclable material from a recycling container – Prohibition – Exemption.

   No person shall remove any recyclable material from a recycling container located on the public way, Provided, however, that this prohibition shall not apply to any (1) private hauler under contract with a refuse collection customer to collect recyclable material from such refuse collection customer, or (2) city inspector or other authorized city official acting within the scope of his or her legal duties, or (3) any person who deposits recyclable material in a recycling container and subsequently attempts to reclaim the material so deposited, In addition to any other penalty provided by law, any person who violates this section shall be subject to a fine of not less than $100.00 nor more than $500.00 for each offense. 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)

11-5-090 Producing materials for inspection – Required.

   Any person to whom a certificate of any type is issued under this chapter, or who is required under this chapter to provide a refuse collection customer or tenant with any manual, flier, written notification, written offer or documentation of any type, or who is required under this chapter to keep records or a log of any type or to file a report of any type or to enter into a waste collection contract, shall, upon request by any city inspector or authorized city official, make such certificate, manual, flier, written notification, written offer, documentation, records, log, report or contract available for inspection by such city inspector or authorized city official.

(Added Coun. J. 7-20-16, p. 28694, § 1)

11-5-095 Violation – Penalty.

   Except as otherwise provided in this Article II, and in addition to any other penalty provided by law, any person who violates this Article II or any rule promulgated thereunder shall be subject to a fine of not less than $500.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 7-20-16, p. 28694, § 1)

ARTICLE III. REFUSE COLLECTION CUSTOMERS (11-5-100 et seq.)