TITLE 11
UTILITIES AND ENVIRONMENTAL PROTECTION
   Ch. 11-4   Environmental Protection and Control
   Ch. 11-5   Reduction and Recycling Program
   Ch. 11-6   Green Business Program
   Ch. 11-8   Water Supply and Distribution Systems
   Ch. 11-12   Water Supply and Service
   Ch. 11-16   Public Sewers and Drains
   Ch. 11-18   Stormwater Management
   Ch. 11-20   Gas Supply and Service
   Ch. 11-30   Reserved
CHAPTER 11-4
ENVIRONMENTAL PROTECTION AND CONTROL
Article I.  General Provisions
11-4-010   Title.
11-4-020   Enforcement of provisions.
11-4-025   Public nuisance cessation and abatement.
11-4-030   Operating a facility without a permit or authorization– Violation – Penalty.
11-4-040   Permit issuance or renewal – Requirements.
11-4-110   Severability.
11-4-120   Definitions.
11-4-130   Reserved.
11-4-140   Fee on generation of liquid waste.
11-4-141   Surcharge on disposal of waste.
11-4-142   Reserved.
11-4-150   Liquid waste management fund.
11-4-160   Reserved.
11-4-170   Reserved.
11-4-180   Reserved.
11-4-190   Payment and disposition of fees and fines.
11-4-200   Fees – Debt due to city.
11-4-210   Reserved.
11-4-220   Reserved.
11-4-230   Violation – Penalties.
11-4-240   Reserved.
11-4-250   Waste handling facilities – Permit required – Annual report required.
11-4-260   Environmental standards for shooting range facilities.
11-4-270   Reserved.
11-4-280   Reserved.
11-4-290   Reserved.
11-4-300   Reserved.
11-4-310   Confidentiality.
11-4-320   Violation of pollution standard.
11-4-330   Reserved.
11-4-340   Reserved.
11-4-350   Reserved.
11-4-360   Enforcement – Interference with inspection.
11-4-370   Proof of responsibility.
11-4-380   Reserved.
11-4-390   Reserved.
11-4-400   Reserved.
11-4-410   Reserved.
11-4-420   Reserved.
11-4-430   Reserved.
11-4-440   Sanitary landfill inspection.
11-4-450   Reserved.
11-4-460   Reserved.
11-4-470   Reserved.
11-4-480   Reserved.
11-4-490   Persons liable for violations.
11-4-500   Prosecution for violations.
11-4-510   Saving clause.
11-4-520   Interpretation.
11-4-530   Reserved.
11-4-550   Episode alert program.
11-4-560   Environmental coordinator.
11-4-570   Abandoned facilities inspection unit.
11-4-575   Emission reduction credit banking and trading program.
Article II.  Air Pollution Control
Part A.  General Provisions
11-4-600   Purpose and intent.
11-4-610   Definitions.
11-4-620   Permitting of facilities, devices, or processes for control of air pollution.
Part B.  Permitting
11-4-630   Standards for issuance of air pollution control permits.
11-4-640   Shutdown of permitted equipment.
11-4-650   Permit fees.
11-4-660   Certificate of operation – Required.
11-4-670   Standards for the issuance of annual certificate of operation.
11-4-680   Certificate of operation fee.
11-4-690   Annual certification of compliance.
Part C.  Substantive Standards
11-4-700   Visible emissions limitations.
11-4-710   Nitrogen oxide emissions.
11-4-715   Lead emissions.
11-4-720   Emission of particulate matter.
11-4-725   Dry cleaning facilities that use perchloroethylene.
11-4-728   Motor vehicle repair shops.
11-4-730   Air pollution prohibited.
11-4-740   Open fires prohibited.
11-4-750   Surfacing of lots and roadways.
11-4-760   Handling and storage of material susceptible to becoming windborne.
11-4-770   Commissioner – Jurisdiction and authority.
11-4-780   Refuse burning, municipal waste- burning equipment and municipal waste burning – Prohibited.
Part D.  Enforcement and Penalties
11-4-790   Monitoring and inspections of a regulated equipment or area.
11-4-800   Enforcement.
11-4-810   Fines.
11-4-820   Reserved.
11-4-830   Reserved.
11-4-840   Reserved.
11-4-850   Reserved.
Article III.  Boilers and Unfired Pressure Vessels
11-4-860   Definitions.
11-4-870   Boiler standards.
11-4-880   Tanks and other vessels – Standards.
11-4-890   Reserved.
11-4-900   Reserved.
11-4-910   Reserved.
11-4-920   Reserved.
11-4-930   Reserved.
11-4-940   Reserved.
11-4-950   Reserved.
11-4-960   Reserved.
11-4-970   Reserved.
11-4-980   Reserved.
Article IV.  Control of Emissions of Organic Substances
11-4-990   Emission limitations.
Article V.  Reserved.
11-4-1000   Reserved.
11-4-1010   Reserved.
Article VI.  Waste Control
11-4-1020   Definition.
11-4-1030   Preliminary treatment.
11-4-1040   Prohibited wastes.
11-4-1050   Discharges of clean waters.
11-4-1060   Manholes.
11-4-1070   Gauging and sampling.
11-4-1080   Sampling methods.
11-4-1090   Analyses standards.
11-4-1095   Interceptors at shooting range facilities.
Article VII.  Hazardous Materials Emergency Preparedness Requirements
11-4-1100   Radiation Monitoring.
11-4-1110   Reserved.
11-4-1115   Reserved.
11-4-1120   Reserved.
11-4-1125   Reserved.
11-4-1130   Reserved.
11-4-1140   Reserved.
11-4-1150   Reserved.
11-4-1160   Reserved.
11-4-1170   Reserved.
11-4-1180   Reserved.
11-4-1190   Reserved.
11-4-1200   Tier II notification – When required.
11-4-1210   Reserved.
11-4-1220   Reserved.
11-4-1230   Reserved.
11-4-1240   Reserved.
11-4-1250   Reserved.
11-4-1260   Reserved.
11-4-1270   Reserved.
11-4-1280   Reserved.
11-4-1290   Reserved.
11-4-1300   Reserved.
11-4-1310   Reserved.
11-4-1320   Reserved.
11-4-1330   Reserved.
11-4-1340   Reserved.
11-4-1350   Reserved.
11-4-1360   Reserved.
11-4-1370   Reserved.
11-4-1380   Reserved.
11-4-1390   Reserved.
Article VIII.  Pollution of Waters
11-4-1410   Disposal in waters prohibited.
11-4-1420   Ballast tank, bilge tank or other discharge.
11-4-1430   Waste retention tank.
11-4-1440   Wharfs, docks and similar structures in unsafe condition.
11-4-1450   Gas manufacturing residue.
11-4-1460   Enforcement.
Article IX.  Solid and Liquid Waste Control
11-4-1490   Definitions.
11-4-1500   Treatment and disposal of solid or liquid waste.
11-4-1520   Permit – Application.
11-4-1525   Permit – Conditions of issuance.
11-4-1527   Permit fees.
11-4-1530   Compliance with rules and regulations required.
11-4-1540   Reports.
11-4-1550   Operational requirements.
11-4-1560   Screening requirements.
11-4-1570   Compliance with other code provisions required.
11-4-1580   Inspections – Jurisdiction.
11-4-1585   Person responsible for waste removal.
11-4-1590   Violation of Section 11-4-1530, 11-4-1540, 11-4-1550 or 11-4-1560 – Penalty.
11-4-1600   Violation of Section 7-28-390, 7-28-440, or 11-4-1500 – Penalty.
Article X.  Phosphorus Control
11-4-1610   Definitions.
11-4-1620   Labeling of detergents.
11-4-1630   Limitations on phosphorus content.
Article XI.  Solid Waste Management Review Committee
11-4-1640   Reserved.
11-4-1650   Duties.
11-4-1660   Special permit – Hearing – Findings.
11-4-1670   Severability.
Article XII.  Electric Utility Franchise Control and Enforcement
11-4-1680   Definitions.
11-4-1690   Modification or termination of agreement.
11-4-1700   Provision of information to city council committee.
11-4-1710   Report of annual meeting.
11-4-1720   Report of inspection.
11-4-1730   Report on energy efficiency meeting.
11-4-1740   Report on energy conservation.
11-4-1750   Advertising budget.
11-4-1760   City building audits.
11-4-1770   Cogeneration.
11-4-1780   Residential bills.
11-4-1790   Report on other relevant jurisdictions.
11-4-1800   Legislative review.
11-4-1810   Annual report.
Article XIII.  Recycling
11-4-1820   Findings.
11-4-1830   Liberal construction of provisions.
11-4-1840   Recycling coordinator – Responsibilities.
11-4-1850   Reserved.
11-4-1860   Regular recycling service.
11-4-1870   Reserved.
11-4-1880   Fee-for-service contracts.
11-4-1890   Promotion of economic development – Markets for recycled materials.
11-4-1900   Reserved.
Article XIV.  Reprocessable Construction/Demolition Material
11-4-1905   Construction or demolition site waste recycling.
11-4-1910   Definitions.
11-4-1920   Purpose and title.
11-4-1930   Reprocessable construction / demolition material permit.
11-4-1935   Construction site reprocessing authorization.
11-4-1940   Reserved.
11-4-1950   Reprocessing requirement.
11-4-1960   Annual permit filing fee.
11-4-1961   Fee on generation of construction or demolition debris.
11-4-1962   Construction/demolition debris management fund.
11-4-1970   Reprocessing device requirement.
11-4-1980   Testing of materials.
11-4-1990   Reports and recordkeeping.
11-4-2000   Operating requirements.
11-4-2010   Closure.
11-4-2020   Security.
11-4-2030   Compliance with other code provisions.
11-4-2040   Inspection – Jurisdiction.
11-4-2050   Enforcement.
11-4-2060   Prospective effect.
Article XV.  Waste Prevention
11-4-2070   Definitions.
11-4-2080   City waste prevention program.
Article XVI.  Flammable Liquid Tank Regulations
11-4-2090   Definitions.
11-4-2100   Permit required.
11-4-2110   Review and approval of plans and specifications; revocation; permit not transferable.
11-4-2115   Underground tank storage regulations.
11-4-2120   Waiver of permit fee.
11-4-2130   Penalty for violation.
Article XVII.  Fuel and Lubrication Facilities
11-4-2140   Fuel and lubrication facilities.
Article XVIII.  Asbestos, Sandblasting, and Grinding Standards
11-4-2150   Environmental standards related to the demolition, renovation, asbestos abatement and maintenance, sandblasting, chemical washing, and grinding of buildings, facilities or other structures.
11-4-2160   Powers and duties of the commissioner.
11-4-2170   Demolitions and renovations: permit and notification requirements; performance standards for asbestos abatement; control and disposal of dust and debris.
11-4-2180   Owner responsibilities for maintenance of asbestos containing material in facilities, buildings, or other structures.
11-4-2190   Sandblasting, grinding and chemical washing of buildings, facilities or other structures; permit and notification requirements; performance standards for lead paint abatement; and disposal of debris.
11-4-2195   Spraying of asbestos prohibited – Exceptions.
11-4-2200   Violations – Public nuisance – Civil penalties – Joint and several liability.
11-4-2205   Enforcement – Cease and desist orders – Abatement – Cost recovery – Termination of city contracts and licenses.
11-4-2207   Severability.
Article XIX.  Reserved
11-4-2230   Reserved.
11-4-2240   Reserved.
11-4-2250   Reserved.
11-4-2260   Reserved.
11-4-2270   Reserved.
11-4-2280   Reserved.
11-4-2290   Reserved.
11-4-2300   Reserved.
11-4-2310   Reserved.
11-4-2320   Reserved.
11-4-2330   Reserved.
11-4-2340   Reserved.
11-4-2350   Reserved.
11-4-2360   Reserved.
11-4-2370   Reserved.
11-4-2380   Reserved.
11-4-2390   Reserved.
11-4-2400   Reserved.
11-4-2410   Reserved.
11-4-2420   Reserved.
11-4-2430   Reserved.
Article XX.  Recycling Facility and Urban Farm Accessory Composting Permits
11-4-2510   Definitions.
11-4-2520   Permit – Required.
11-4-2525   Permit issuance prohibited.
11-4-2530   Permit – Application.
11-4-2535   Annual report required.
11-4-2540   Permit – Classification.
11-4-2545   Urban farm accessory composting operation.
11-4-2550   Permit – Fees.
11-4-2560   Permit – Term – Nontransferability.
11-4-2565   Class V recycling facilities– Permitting, operational and recordkeeping requirements.
11-4-2570   Recyclable materials – Designated.
11-4-2580   Recyclable materials – Segregation and storage.
11-4-2590   Recyclable materials – Receptacles.
11-4-2600   Recyclable materials – Storage areas to be kept clean.
11-4-2610   Building and fire regulations – Applicable.
11-4-2620   Storage time limit – Maintenance of records.
11-4-2625   Prohibited and regulated materials.
11-4-2630   Inspection.
11-4-2640   Facility requirements.
11-4-2645   Identification of vehicles.
11-4-2650   Exemptions from Article XX provisions.
11-4-2655   Inspection by the police department.
11-4-2657   Prohibited activities.
11-4-2660   Rules and regulations authorized.
11-4-2670   Reserved.
11-4-2680   Violation – Penalty.
Article XXI.  Reserved
Article XXII.  Invasive Species Control
11-4-3000   Definitions.
11-4-3010   List of regulated invasive species.
11-4-3020   Regulated invasive species.
11-4-3030   Enforcement.
Article XXIII.  Reserved.
11-4-4000   Reserved.
11-4-4010   Reserved.
11-4-4020   Reserved.
11-4-4030   Reserved.
11-4-4040   Reserved.
11-4-4050   Reserved.
ARTICLE I.  GENERAL PROVISIONS (11-4-010 et seq.)
11-4-010  Title.
   This chapter shall be known, cited and referred to as “The Chicago Environmental Protection and Control Ordinance”.
(Prior code § 17-1; Amend Coun. J. 12-11-91, p. 10978)
11-4-020  Enforcement of provisions.
   Except as otherwise provided, the provisions of this chapter, known as the Chicago Environmental Protection and Control Ordinance, shall be enforced by the commissioner of the department of health. All duties and powers granted herein shall be exercised by each such official.
   (a)   It shall be unlawful for any person to knowingly violate a stop work order, or to knowingly cause, permit, encourage, assist, aid, abet or direct another person to violate a stop work order, or to knowingly in any manner be a party to a violation of a stop work order.
   Any person who violates this subsection upon conviction shall be punished, as follows:
      (i)   incarceration for a term not less than three days, nor more than six months, under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and the Illinois Code of Criminal Procedure of 1963, as amended; and
      (ii)   community service of not less than 10 hours, nor more than 100 hours; and
      (iii)   a fine of $5,000.
   (b)   It shall be unlawful for any person to knowingly destroy, deface, remove, damage, impair, mar, cover or obstruct any stop work order that a city official has posted or affixed at a work site.
   Any person who violates this subsection upon conviction shall be punished, as follows:
      (i)   incarceration for a term not less than three days, nor more than six months, under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and the Illinois Code of Criminal Procedure of 1963, as amended; and
      (ii)   community service of not less than ten hours, nor more than 100 hours; and
      (iii)   a fine not less than $200.00, nor more than $500.00.
(Prior code § 17-1.1; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 12-4-02, p. 99026, § 2.4; Amend Coun. J. 12-15-04, p. 40435, § 3; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
11-4-025  Public nuisance cessation and abatement.
   (a)   Definitions.
      (1)   For the purposes of Chapter 11-4 of this Code, “imminent and substantial risk to the public health or safety or to the environment” shall include a threat to human health or safety or to the environment that is expected to occur within a reasonably short time, or that is present now, although the impact of the threat may not be felt until later.
      (2)   For the purposes of this section, “cease and desist” or “cessation” shall mean stopping or suspension or bringing an end to a particular course of action or conduct, including but not limited to the closure of any business or part of any business or the closure or dismantling of any equipment.
      (3)   For the purposes of this section, “abate” or “abatement” shall include the remediation or correction of any activity or condition that amounts to a public nuisance or a violation of any of the provisions of this Code which are under the jurisdiction of the commissioner or the rules and regulations promulgated thereunder or the conditions of any permit or authorization issued thereunder, including but not limited to the controlling, sealing, removing or disposing of any such activity or condition.
      (4)   For the purposes of subsection (b)(4) of this section, “current threat” shall mean an emergency that (i) poses a direct and serious threat to human health or safety or to the environment, and (ii) which is occurring now.
   (b)   Emergency cessation and abatement.
      (1)   Emergency cessation – Authority. The commissioner is hereby authorized to issue an emergency cessation order to any person who the commissioner concludes is (i) causing, creating or contributing to any activity or condition that poses an imminent and substantial risk to the public health or safety or to the environment; or (ii) operating a facility or conducting an activity without a required permit or other written authorization issued by the commissioner.
      (2)   Emergency abatement – Authority. In the event that the commissioner concludes that any person is causing, creating or contributing to any activity or condition that has created, or is creating, an imminent and substantial risk to the public health or safety or to the environment, then the commissioner may order such person to abate the risk within a time frame prescribed by the commissioner.
      (3)   Duty to comply. Upon service of an order issued under this subsection (b), the person to whom the order is issued shall immediately comply with the requirements of the order. The duty to comply with such order shall arise at the moment of service of the order and shall continue until the time of cancellation, if any, of such order by the commissioner, or until the order automatically expires in accordance with subsection (b)(9) of this section. Submittal of a demand for hearing as set out in subsection (b)(6) of this section shall not relieve any person of the duty to comply with the order issued by the commissioner.
      (4)   Authority to abate.
         (i)   If the person to whom an order was issued under this subsection (b) does not comply with the requirements in the order as ordered by the commissioner, then the commissioner may undertake any abatement activities reasonably necessary to correct any imminent and substantial risk to the public health or safety or to the environment.
         (ii)   Nothing in this subsection shall be construed to prevent the commissioner from acting without issuing an emergency abatement or emergency cessation order, where issuing such order is not practicable and the activity or condition poses a current threat to public health or safety or to the environment, nor shall this section be construed to deny any common law right to anyone to abate a nuisance.
      (5)   Cancellation of order. The commissioner shall cancel a cessation or abatement order issued by the commissioner in accordance with this subsection (b) when the commissioner determines that the person to whom an order was issued has complied with the requirements in the order as ordered by the commissioner. Cancellation of the commissioner's order shall be made in writing and shall be served in the same manner as an order or notice may be served.
      (6)   Demand for a hearing. The person to whom an order was issued pursuant to this subsection (b) shall have 14 calendar days from the service date of the order to notify the commissioner, on the appropriate form as provided by the commissioner, of her or his demand for a hearing. Failure to notify the commissioner of a demand for a hearing in accordance with this subsection shall constitute a waiver of the opportunity for a hearing.
      (7)   Initiation of a hearing. Within 7 calendar days of receiving a demand for a hearing on the appropriate form as provided by the commissioner, the commissioner shall initiate an administrative hearing in the department of administrative hearings, environmental safety hearings division, specifying the basis for the order, any related violations alleged in the order, and any allegation of noncompliance with such order. At the time of initiating such hearing, the commissioner shall serve notice upon the person demanding the hearing of the date, time, the location of the hearing, and the penalties for failure to appear at the hearing.
      (8)   Hearing. The hearing shall be commenced in the department of administrative hearings, environmental safety hearings division, no later than 14 calendar days after the date on which the commissioner received the demand for such hearing, unless a later hearing date is scheduled upon mutual consent of the parties. Upon the conclusion of the hearing, in addition to the finding of liability or no liability and imposing of fines and penalties consistent with this section, the administrative hearings officer shall have the authority to affirm or vacate the commissioner's order.
      (9)   Expiration of order. If a hearing is not initiated or commenced in accordance with the terms set out in subsection (b)(7) or subsection (b)(8) above, then the order that would have been the subject of such hearing shall expire at 11:59 P.M. on the fourteenth calendar day after the date on which the commissioner received notice of the demand for a hearing or at 11:59 P.M. on the hearing date scheduled upon mutual consent of the parties.
   (c)   Non-emergency cessation and non-emergency abatement.
      (1)   Non-emergency cessation – Authority. The commissioner is hereby authorized to issue a non- emergency cessation order to any person, in the event that the commissioner determines that any such person is violating any of the provisions of this Code which are under the jurisdiction of the commissioner or the rules and regulations promulgated thereunder or the conditions of any permit or authorization issued thereunder, but such violation does not pose an imminent and substantial risk to the public health or safety or to the environment as defined in subsection (a)(1) above.
      (2)   Non-emergency abatement – Authority. If the commissioner determines that any person is violating any of the provisions of this Code which are under the jurisdiction of the commissioner or the rules and regulations promulgated thereunder or the conditions of any permit or authorization issued thereunder, but such violation has not created, or is not creating, an imminent and substantial risk to the public health or safety or to the environment as defined in subsection (a)(1) above, then the commissioner may provide the person with a written order to address and correct the violation(s) within a time frame prescribed by the commissioner.
      (3)   Cancellation of order. The commissioner shall cancel a cessation or abatement order issued by the commissioner in accordance with this subsection (c) when the commissioner determines that the person to whom an order was issued has complied with the requirements in the order as ordered by the commissioner. Cancellation of the commissioner's order shall be made in writing and shall be served in the same manner as an order or notice may be served.
      (4)   Duty to comply and demand for a hearing. Any person to whom the commissioner issues an order under this subsection (c) shall comply with such order as ordered by the commissioner; provided, however, that if the person contests the order, she or he shall notify the commissioner within 15 calendar days from the service date of the order, on the appropriate form as provided by the commissioner, of her or his demand for a hearing. If the person notifies the commissioner of her or his demand for a hearing in accordance with this subsection, the order shall be stayed by the commissioner until the department of administrative hearings issues a final determination finding the person liable for one or more of the violations, or not liable for any of the violations, specified in the commissioner's order, or affirming or vacating the commissioner's order. Failure to notify the commissioner of a demand for a hearing in accordance with this subsection shall constitute a waiver of the opportunity for a hearing, and the person to whom the commissioner issued an order shall comply with the order and shall not recommence any operations or activities prohibited by such order unless the order is cancelled by the commissioner.
      (5)   Initiation of a hearing. Within 30 calendar days of receiving a demand for a hearing on the appropriate form as provided by the commissioner, the commissioner shall initiate an administrative hearing in the department of administrative hearings, environmental safety hearings division, specifying the basis for the order, and any related violations alleged in the order. At the time of initiating such hearing, the commissioner shall serve notice upon the person demanding the hearing of the date, time, the location of the hearing, and the penalties for failure to appear at the hearing. Upon the conclusion of the hearing, in addition to the finding of liability or no liability and imposing of fines and penalties consistent with this section, the administrative hearings officer shall have the authority to affirm or vacate the commissioner's order.
      (6)   Expiration of order. If a hearing is not initiated in accordance with the terms set out in subsection (c)(5) above, then the order that would have been the subject of such hearing shall expire at 11:59 P.M. on the thirtieth calendar day after the date on which the commissioner received notice of the demand for a hearing.
      (7)   Authority to abate. If (i) the person to whom an order was issued under this subsection (c) does not comply with the requirements in the order as ordered by the commissioner, and does not notify the commissioner of her or his demand for a hearing as provided in subsection (c)(4), or (ii) if any person does not comply with the requirements in the order after the department of administrative hearings has affirmed the commissioner's order, and such order has not been stayed by a court of competent jurisdiction, then the commissioner may proceed to control, remove, dispose or otherwise abate the nuisance.
   (d)   Order or notice.
      (1)   Content. The order or notice issued by the commissioner under this section shall (i) be in writing; (ii) specify the activities to be ceased or the nuisance to be abated or the violation(s) to be corrected; (iii) specify the time frame within which the activities must be ceased or the nuisance must be abated or the violation(s) must be corrected; (iv) specify any related violations, for which the commissioner seeks any remedy, that the person to whom such order or notice is issued is alleged to have committed; (v) inform such person of the time and manner to request a hearing before the department of administrative hearings, to present evidence as to why the person is not liable for all or any of the violations specified in the commissioner's order, and/or why the order should be vacated, and to contest any allegations specified in the order; and (vi) inform such person of the consequences of failing to request a hearing, and the consequences of failing to comply with the order or notice.
      (2)   Manner of service. An order or notice issued by the commissioner under this section shall be served (i) by first class or priority mail, or express courier service at the person's residence address or, if the person is a business entity, at any mailing address identified for its registered agent or at its principal place of business; or (ii) by facsimile transmission or e-mail at the person's facsimile or e-mail address or, if the person is a business entity, at the facsimile or e-mail address identified for its registered agent; or (iii) by personal service, including personal service upon an employee or agent of the alleged violator at a place of business of the alleged violator or otherwise if such service is reasonably calculated to give the alleged violator actual notice; or (iv) if service cannot be made by either of (i) or (ii) or (iii) above, when the alleged violator is the owner or manager of the property by posting a copy of the order or notice on the front entrance of the building or other structure where the violation is found, or if the property is unimproved or fenced off, by posting a copy of the order or notice in a prominent place upon the property where the violation is found.
      (3)   Date of service. An order or notice issued by the commissioner under this section shall be deemed served (i) four days after mailing if issued by first class mail, (ii) upon delivery confirmation or four days after delivery to the United States Postal Service for delivery by priority mail with delivery confirmation if issued by priority mail, whichever occurs sooner, (iii) upon delivery confirmation or four days after delivery to an express courier service if issued by express courier service, whichever occurs sooner, (iv) at 9:00 A.M. on the next business day if issued by facsimile transmission or e-mail, (v) upon delivery if issued by personal service, or (vi) upon posting of the copy of the order or notice if issued as provided in subsection 11-4-025(d)(2)(iv) above.
   (e)   Penalty, cost recovery and remedies.
      (1)   Penalty. Failure to comply with an order or notice issued under this section constitutes a violation of this section and is a separate and distinct violation from any related or unrelated violations of any other provision of this Code. Any person who violates subsection (b) of this section shall pay a penalty of $5,000 per day for every day the person is in violation; and any person who violates subsection (c) of this section shall pay a penalty of $500 per day for every day the person is in violation. Such person incurs daily penalties for her or his violations of an order or a notice during the pendency of that order or notice, regardless whether that order or notice is ultimately cancelled or modified by the commissioner.
      (2)   Cost recovery. The city shall be authorized to bring a civil action to recover penalties from the person to whom an order or notice was issued under this section, and up to the amount of three times the abatement costs incurred by the department plus its attorney fees may be recovered in an appropriate action instituted by the corporation counselor or in a proceeding initiated by the commissioner at the department of administrative hearings.
      (3)   Liability. In addition to the penalties set forth herein-above, any person adjudicated liable for any related or unrelated offenses alleged by the commissioner in an administrative hearing held pursuant to this section shall also be liable for all applicable penalties for those violations.
      (4)   Injunction. In addition to any other remedies, penalties or means of enforcement, the commissioner may request the corporation counsel to make application on behalf of the city to any court of competent jurisdiction for an injunction requiring compliance with this section or for such other order as the court may deem necessary or appropriate to secure such compliance.
(Added Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
11-4-030  Operating a facility without a permit or authorization – Violation – Penalty.
   (a)   Any person who operates a facility without a required permit or written authorization from the commissioner shall pay a penalty of not less than $1,000 nor more than $10,000 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
   (b)   Any person who operates a facility requiring a permit or written authorization from the commissioner, where such operation (1) exceeds or does not comply with the facility's plans and specifications as reviewed and approved by the commissioner; or (2) violates any condition imposed by the permit or authorization; or (3) violates any provisions of this chapter applicable to the operation or any regulation promulgated thereunder shall pay a penalty of not less than $300 nor more than $1,000 for the first violation; not less than $500 nor more than $1,500 for the second (2nd) violation for the same offense within one year; and not less than $750 nor more than $5,000 for the third and each subsequent violation for the same offense within one year for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
   (c)   In addition to the penalties provided in this section, in addition to the grounds for permit revocation provided elsewhere in this chapter, and in addition to any special permit condition imposed during the issuance of a permit or authorization, the commissioner may revoke, suspend or specially condition, a permit or written authorization, at any time if the permitted person or entity, any owner or officer of the permitted entity, or any person having control of the permitted entity or any of its operations, has:
      (1)   violated any provisions of this chapter relevant to the permit or authorization or any regulation promulgated thereunder;
      (2)   violated any term or condition of the permit or authorization;
      (3)   violated the Chicago Zoning Ordinance relevant to the permit or authorization or any regulation promulgated thereunder; or
      (4)   knowingly submitted a materially false or inaccurate statement in the permit or authorization application or any other document submitted to the commissioner in support of such application.
   (d)   In addition to the penalties provided in this section, the commissioner may issue an emergency or non-emergency cessation or abatement order in accordance with the provisions of Section 11-4-025 of this Code.
(Added Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 2-9-11, p. 112149, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-21-17, p. 61858, Art. VII, § 1)
11-4-040  Permit issuance or renewal – Requirements.
   (a)   In addition to the standards for permit issuance set forth elsewhere in this Chapter, the commissioner may deny an application for an initial or renewal permit or written authorization for the following reasons:
      (1)   where such application does not meet all applicable requirements set forth in the Code; and
      (2)   where the applicant has not paid all fees required by this Code and any outstanding debts owed to the City as debts are defined in subsection (a) of Section 4-4-150 of this Code.
   (b)   When an application for issuance or renewal of a permit is denied, the commissioner shall send notice of such denial to the applicant in accordance with the applicable provisions of subsection (d) of Section 11-4-025 of this Code, and provide any such permittee an opportunity to demand a hearing in accordance with the procedures set forth in subsection (c) of Section 11-4-025 of this Code.
   (c)   The commissioner may impose reasonable permit conditions to protect the public health, safety or welfare of the city.
(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 7-29-15, p. 4110, § 2)
11-4-110  Severability.
   If any provision, clause, sentence, paragraph, section or part of this chapter, or application thereof to any person, firm, corporation or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this chapter and the application of such provision to other persons, firms, corporations or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person, firm, corporation or circumstance involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such invalid provision or provisions not been included.
(Prior code § 17-1.10)
11-4-120  Definitions.
   Except as otherwise defined for purposes of a specific subsection, section, article or chapter in this Title 11, whenever the following words and phrases are used in this Title 11, they shall have the meanings ascribed to them in this section:
   “ANSI” means American National Standards Institute or its successor bodies.
   “Architectural coating” means any coating used for residential, commercial or industrial buildings and their appurtenances that is on-site applied.
   “ARI” means Air Conditioned and Refrigeration Institute or its successor bodies.
   “Asbestos” means a fibrous, rock-forming mineral including, but not limited to, such amphibole varieties as tremolite, actinolite, anthophyllite, grunerite, richterite, edenite, amosite, crocidolite and such serpentine varieties as amianthus and chrysolite as well as synthetic asbestos fibers including, but not limited to fluor-tremolite, fluor-richerite and fluor-edenite.
   “Ashes” means and includes cinders, fly ash or any other solid material resulting from combustion, and may include unburned combustibles.
   “ASHRAE” means American Society of Heating, Refrigeration and Air Conditioning Engineers or its successor bodies.
   “ASME” means the American Society of Mechanical Engineers.
   “ASTM” means the American Society for Testing Materials or its successor bodies.
   “Authorized representative” means any individual, firm or corporation designated by a “person”, as defined in this section, who shall be given authority to act for such “person” in all matters pertaining to the department of health. Such authorization must be transmitted to such department in writing.
   “Auxiliary fuel firing equipment” means equipment to supply additional heat, by the combustion of an auxiliary fuel, for the purpose of attaining temperatures sufficiently high (a) to dry and ignite the waste material, (b) to maintain ignition thereof, and (c) to promote complete combustion of combustible solids, vapors and gases.
   “Baffling” means any row, rows, plane, planes or refractory or other material that causes the gases in a steam boiler or other vessel, duct or device to assume a definite or predetermined path of travel before reaching the chimney or smoke stack.
   “Bessemer converters and pneumatic steelmaking processes” means processes by which steel is made directly from molten iron or scrap metal by forcing gases through or over the molten metal to oxidize and carry off the carbon and other impurities in the metal.
   “Beverage equipment.” See definition of “dairy equipment”.
   “Biweekly” means occurring every two weeks.
   “Blast furnace and auxiliary equipment” means the furnace and equipment used in connection with the smelting process of reducing metallic ores to molten metal in order to remove, primarily, the oxygen from the ore and producing gas as a by-product. The furnace and equipment consists of, but is not limited to, the furnace proper, charging equipment, stoves, bleeders, gas dust catcher, gas cleaning devices and other auxiliaries pertinent to the process.
   “Boiler burning fuel in suspension” means any fuel-burning device in which fuel is conditioned or pulverized previous to admitting the fuel into the furnace for combustion. The combustion process is completed with the fuel in suspension.
   “Breeching” means any conduit for the transport of products of combustion or processes to the atmosphere or to any intermediate device before being discharged into the atmosphere. It does not include the chimney or stack.
   “Bridgewall” means any wall at the rear of the gate or stoker that acts as a deflector or radiant heat reflector for the furnace gases and as a stop to the fuel bed or a rear wall of the ash pit.
   “British thermal unit” means the quantity of heat required to raise one pound of water from 59 degrees Fahrenheit to 60 degrees Fahrenheit (abbreviated B.T.U. or BTU).
   “Building fires.” “A new fire being built” means the period during which a fresh fire is being started and does not mean the process of replenishing an existing fuel bed with additional fuel.
   “Byproduct coke plant” means a plant used in connection with the distillation process to produce coke in which the volatile matter in coal is expelled, collected and recovered. Such plant consists of, but is not limited to, coal and coke handling equipment, byproduct chemical plant and other equipment associated with and attendant to the coking chambers or ovens making up a single battery operated and controlled as a unit.
   “Category of recyclable materials” means any of the following: newsprint; aluminum; steel and bimetallic cans; glass; plastics; office paper; low grade paper; cardboard and any other material designated by the commissioner by rule or regulation.
   “Cell” means that portion of compacted solid wastes in a landfill that is enclosed by natural soil or cover material during a designated period. The volume of compacted solid waste enclosed by natural soil and/or cover material in a sanitary landfill.
   “Chimney or stack” means any conduit, duct, vent, flue or opening of any kind whatsoever arranged to conduct any products of combustion to the atmosphere. It does not include breeching as defined herein.
   “Cinders” means particles not ordinarily considered as fly ash or dust because of their greater size, consisting essentially of fused ash and unburned matter.
   “Cleaning fires” means the act of removing ashes from the fuel bed or furnace.
   “Closure plan” means a plan describing the proposed engineering and other technical measures to be undertaken to terminate operation of a site or facility, to render the site or facility stable and safe for the public health and welfare and the proposed utilization of the site after terminating use of the facility on the site such as a waste handling facility, as a sanitary landfill, resource recovery facility, recycling facility, composting facility or transfer station.
   “COH/1,000 linear feet (coefficient of haze per 1,000 linear feet)” means a measure of the optical density of a filtered deposit of particulate matter as given in ASTM Standard D 1704-61:
 
COH/1,000 linear feet =
(Area tape ft 2) (100,000)
log
100
(Vol. of air sample, ft3)
% transmission
 
   “Combined sewer” means a sewer receiving both surface runoff and sewage.
   “Combustible refuse” means any combustible waste material containing carbon in a free or combined state other than liquids or gases.
   “Combustion equipment or device.” See “Fuel- burning, combustion or process equipment or device”.
   “Commercial/retail waste” includes materials discarded by stores, offices, office buildings, restaurants, warehouses, wholesale establishments, non- manufacturing activities and other similar establishments or facilities.
   “Commissioner” means commissioner of health of the City of Chicago.
   “Condensed fumes” means fumes which have cooled and returned to a liquid or solid.
   “Conservation vent valve” means a weight-loaded valve designed and used to reduce evaporation losses of volatile organic substances by limiting the amount of air admitted to or vapors released from the vapor space of a closed storage vessel.
   “Construction” means the installation or erection of any fuel-burning combustion or process equipment or device.
   “Construction and demolition debris” means materials resulting from the construction, remodeling, repair and demolition of utilities, structures, buildings, and roads, including but not limited to the following: bricks, concrete, and other masonry materials; soil; rock; wood, including painted, treated, and coated wood and wood products; wall coverings; plaster; drywall; plumbing fixtures; non-asbestos insulation; roofing shingles and other roof coverings; reclaimed asphalt pavement; glass; plastics; electrical wiring; and piping or metals incidental to any of those materials.
   “Cover material” means soil or other suitable material that is used to cover compacted solid waste in a sanitary landfill.
   “Criteria” means information used as guidelines for decisions when establishing air quality goals, air quality standards and the various air quality alert levels. In no case are criteria to be confused with air quality standards or goals.
   “Cupola” means a vertical furnace in which alternate layers of basic material and coke are charged to produce molten ferrous and nonferrous metal for the production of castings. Auxiliary equipment consists of, but is not limited to blowers, charging mechanism, collection equipment, heat exchangers and slagging equipment.
   “Dairy equipment, beverage equipment and food processing equipment” means that equipment used in the production of milk and dairy products, foods and beverages, including the processing, preparation or packaging thereof for consumption.
   “Damper, automatic or manual” means any device for regulating the volumetric flow of gas or air.
   “Department” means department of health of the City of Chicago.
   “Detergent.” See definition of “Synthetic detergent”.
   “Dispose” means to discharge, deposit, inject, dump, spill, leak or place any waste into or on any land or water or into any well so that such waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or be discharged into any water, including groundwaters.
   “Domestic refuse-burning equipment” means any refuse-burning equipment or incinerator used for a single-family residence, or for two residences either in duplex or double house form or for multiple-dwelling units in which such equipment or incinerator serves fewer than four apartments.
   “Down-draft furnace” means a furnace with two separate grates, one above the other; the top grate consists of water tubes, the bottom grate consists of common grate bars and is fed by half consumed fuel falling from the upper grate. The air for combustion enters the upper fire door and passes through the bed of green fuel on the upper grate and then over the incandescent fuel on the lower grate.
   “Dryer” means a device for drying by heat, forced ventilation or both; an apparatus such as a furnace, oven or revolving kiln for expelling moisture or volatiles by evaporation or volatization.
   “Dust” means particulate matter released into the air by natural forces, or any fuel-burning, combustion or process equipment or device, or by construction work, or by mechanical or industrial processes, such as crushing, grinding, filling, drilling, demolishing, shoveling, bagging, sweeping, covering, conveying, transferring, transporting and the like.
   “Dust-separating equipment” means any device for separating dust from the air or gas medium in which it is carried.
   “Electric furnace” means a furnace in which the melting and refining of metals is accomplished by means of electrical energy.
   “Engineer” means the person who designed or is responsible for the design of the equipment and who conceived, developed, executed or who is responsible for the design or preparation of the plan documents. He shall be a registered professional engineer as defined in Illinois Professional Engineering Act approved July 20, 1945, as amended.
   “Excess air” means that air supplied in addition to the theoretical quantity necessary for complete combustion of all fuel and/or combustible waste material present.
   “Expansion” means, with respect to any sanitary landfill, an increase in the horizontal boundary and/or vertical boundary of the area permitted for disposal by the department of health which allows an increase of waste disposal capacity at the landfill. A change of the horizontal and/or vertical boundary that does not allow increased disposal capacity shall not be deemed an expansion.
   “Extension furnace (dutch oven)” means any masonry structure or combination of masonry and metal built on the front of a boiler or other combustion device for the purpose of obtaining additional furnace volume.
   “Final cover” means cover material that represents the permanently exposed final surface of a sanitary landfill.
   “Fire tubes” means those tubes surrounded by a cooling medium through which the hot gases of combustion pass.
   “Fly ash” means particulate matter capable of being gasborne or airborne and consisting essentially of fused ash and burned or unburned material.
   “Food processing equipment.” See definition of “dairy equipment”.
   “Food service establishment” means any fixed or mobile restaurant, coffee shop, cafeteria, short-order café, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, roadside stand, industrial feeding establishment, private, public or nonprofit organization or institution routinely serving food, catering kitchen, commissary or similar place in which food is placed for sale or served on the premises or elsewhere and any other eating or drinking establishment or operation where food is served or provided for the public, with or without charge.
   “Foundries, ferrous and nonferrous” means the processes, devices and equipment used for the purpose of production of castings, other than die-castings, from basic material. Such processes, devices and equipment consist of, but are not limited to, charging equipment, furnaces, collection equipment and cleaning operations. Basic materials used include, but are not limited to, iron, brass, aluminum and magnesium.
   “Fuel” means any form of combustible matter, solid, liquid, vapor or gas.
   “Fuel-burning, combustion or process equipment or device” means any furnace, incinerator, compactor, fuel-burning equipment, refuse-burning equipment, boiler, apparatus, device, mechanism, fly ash collector, electrostatic precipitator, smoke arresting or prevention equipment, stack, chimney, breeching or structure, used for the burning of fuel or other combustible material, or for the emission of products of combustion or used in connection with any process which generates heat and may emit products of combustion; and shall include process furnaces, such as heattreating furnaces, byproduct coke plants, coke-baking ovens, mixing kettles, cupolas, blast furnaces, open hearth furnaces, heating and reheating furnaces, puddling furnaces, sintering plants, Bessemer converters, electric steel furnaces, ferrous foundries, nonferrous foundries, kilns, stills, dryers, roasters and equipment used in connection therewith and all other methods or forms of manufacturing, chemical, metallurgical or mechanical processing which may emit smoke or particulate, liquid, gaseous or other matter.
   “Fuel dealer” means any person who sells or delivers solid fuel or fuel oil directly to the ultimate consumer, without regard to price, quantity or frequency of delivery.
   “Fuel oil” means oil commonly used as a fuel.
   “Furnace” means an enclosed space provided for the ignition or combustion of fuel.
   “Furnace volume” means the volume of the chamber or enclosure in which the combustion process takes place.
   “Garbage” means waste resulting from the handling, processing, preparation, cooking and consumption of food or wastes from the handling, processing, storage and sale of produce.
   “Gross vehicle weight rating (GVWR)” means the value specified by the manufacturer as the maximum recommended loaded weight of a single vehicle.
   “Ground or comminuted garbage” means wastes from the preparation, cooking and dispensing of foods that have been comminuted to such a degree that all particles will be carried freely in suspension under conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
   “Hazardous substance” means (a) any substance designated pursuant to Section 311(b)(2)(A) of the Federal Water Pollution Control Act (P.L. 92-500), as amended, (b) any element, compound, mixture, solution, or substance designated pursuant to Section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (P.L. 96-510), as amended, (c) any hazardous waste, (d) any toxic pollutant listed under Section 307(a) of the Federal Water Pollution Control Act (P.L. 95-95), as amended, (e) any imminently hazardous chemical substance or mixture with respect to which the Administrator of the U.S. Environmental Protection Agency has taken action pursuant to Section 7 of the Toxic Substances Control Act (P.L. 94-469), as amended. The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (a) through (e) of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel or mixtures of natural gas and such synthetic gas.
   “Hazardous waste” means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed, or which has been identified by characteristics or listing as hazardous pursuant to Section 3001 of the Resource Conservation and Recovery Act of 1976, P. L. 94-580 as amended, or pursuant to regulations promulgated by the Illinois Pollution Control Board.
   “Heating and reheating furnace” means a furnace in which metal is heated to permit shaping or forming or to achieve specific physical properties.
   “Heating boiler” means a boiler in which the steam or vapor pressure is not more than 15 pounds per square inch above atmospheric pressure or at a temperature not exceeding 250 degrees Fahrenheit. (This includes steam heating, hot water heating and hot water supply boilers which are directly fired with oil, gas, electricity or coal and for operations at or below the pressure and temperature limits set forth in Section 4 of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code.)
   “Heating surface” means any surface having steam, water or other fluid on one side and hot gases on the other side as found in a boiler or a warm air heating furnace not excepting any surface covered by arches or refractory.
   “Heating value” means the heat released by combustion of one pound of waste or fuel measured in BTU's on an as-received basis. For solid fuels the heating value shall be determined using ASTM Standard D 2015-66.
   “High pressure boilers.” See “power boilers”.
   “Household waste” means any solid waste (including garbage, trash and sanitary waste in septic tanks) derived from households (including single and multiple residences, apartment buildings and complexes, hotels, motels, and other similar permanent or temporary housing, picnic grounds, campgrounds and day-use recreation areas).
   “Incinerator” means an enclosed device using controlled flame combustion designed for high temperature operation in which combustible wastes are ignited and burned efficiently so that the solid residues contain little or no combustible materials.
   “Including” shall be construed as a term of enlargement and not a term of limitation or enumeration.
   “Indirect heat exchanger” means equipment in which fuel is burned for the primary purpose of producing steam, hot water, hot air or other indirect heating liquids, gases or solids, in which the products of combustion do not come into direct contact with process materials. Fuels may include, but are not limited to coal, coke, lignite, coke breeze, gas, fuel oil and wood but do not include refuse. When any products or byproducts of a manufacturing process are burned for the same purpose or in conjunction with any fuel, the same maximum limitations shall be governed by the most stringent limitation when refuse burning and indirect heat exchanger emissions are both considered.
   “Industrial cleaning equipment” means machinery and other tools used in cleaning processes during the course of industrial manufacturing, production and assembly.
   “Industrial lunchroom and office waste” includes corrugated boxes, plastic film, wood pallets, office papers and lunchroom wastes.
   “Industrial process waste” means any liquid, solid, semisolid, or gaseous waste generated as a direct or indirect result of the manufacture of a product or the performance of a service. Any such waste which would pose a present or potential threat to human health or to the environment or with inherent properties which make the disposal of such waste in a landfill difficult to manage by normal means is an industrial process waste. “Industrial process waste” includes but is not limited to spent pickling liquors, cutting oils, chemical catalysis distillation bottoms, etching acids, equipment cleanings, paint sludges, incinerator ashes, core sands, metallic dust sweepings, asbestos dust, hospital pathological wastes and off-specification, contaminated or recalled wholesale or retail products. Specifically excluded are uncontaminated packaging materials, uncontaminated machinery components, general household waste, landscape waste and construction of demolition debris.
   “Institutional waste” includes materials discarded by schools, libraries, hospitals (non-medical materials), and by non-manufacturing activities at prisons and government facilities, and other similar establishments or facilities.
   “Intercepting sewer” means any sewer built or maintained by the Metropolitan Water Reclamation District for the purpose of receiving sewage or combined sewage and storm flow from one or more local sewers.
   “Internal combustion engine” means an engine in which combustion of gaseous, liquid or pulverized solid fuel takes place within one or more cylinders.
   “IEC” means International Electrotechnical Commission or its successor bodies.
   “ISO” means International Organization for Standardization or its successor bodies.
   “Kiln” means a furnace or a heated chamber used for the purpose of hardening, burning or drying in the manufacturing of such products as clay, brick, cement, pottery, ceramics, limestone, etc.
   “Landscape waste” means grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as a result of the care of lawns, shrubbery, vines and trees, and includes any discarded fruits, vegetables and other vegetative material or crop residue generated in the care of a garden. The term “landscape waste” does not include soil other than incidental soil (e.g., soil attached to sod or attached to other materials accumulated as a result of the care of lawns, shrubbery, vines, trees or a garden).
   “Leachate” means any liquid, including any suspended components in the liquid, that come in contact with, percolate through, or are drained from wastes materials.
   “Liquid waste handling facility” means a facility which treats, disposes of or otherwise manages liquid waste, liquid special waste or liquid hazardous waste.
   “Liquid wastes” means refuse which maintains the physical state of continuous volume relatively independent of pressure and which takes the shape of its container at ambient temperature.
   “Low density dwelling” means a residential building which receives solid waste collection service from the City of Chicago.
   “Low pressure boilers.” See “heating boilers”.
   “Machine dishwasher” means equipment manufactured for the purpose of cleaning dishes, glassware and other utensils involved in food preparation, consumption or use, using a combination of water agitation and high temperatures.
   “Manufacturing process” means any action, operation or treatment embracing chemical, industrial manufacturing or processing factors, methods or forms including, but not limited to, furnaces, kettles, ovens, converters, cupolas, kilns, crucibles, stills, dryers, roasters, crushers, grinders, mixers, reactors, regenerators, separators, filters, reboilers, columns, classifiers, screens, quenchers, cookers, digestors, towers, washers, scrubbers, mills, condensers or absorbers.
   “Maximum allowable emission rate” means the maximum amount of an air contaminant which may be emitted into the outdoor air during any prescribed interval of time.
   “Mechanical combustion equipment or mechanically fired apparatus” means fuel-burning, combustion or process equipment or devices in which the fresh fuel or combustion material is mechanically introduced from outside the furnace into the zone of combustion, the same being actuated by controls; provided, however, that where the commissioner finds as a fact and so certifies that any surface-burning type (hand-fired) equipment is so designed as automatically to burn the fuel or combustible materials in a manner not to violate the provisions of this chapter, such equipment will be considered as mechanical combustion equipment or mechanically fired apparatus within the meaning of this chapter.
   “The Metropolitan Water Reclamation District” means the municipal corporation organized and existing under the laws of the State of Illinois enacted by the Illinois State Legislature July 1, 1889, entitled “An Act to Create Sanitary Districts and to Remove Obstructions in the Des Plaines and Illinois Rivers” as amended.
   “Modified transfer station” means a transfer station that accepts only (1) landscape waste, as defined in this Section 11-4-120; and/or (2) construction and demolition debris, as defined in this Section 11-4-120.
   “Motor vehicle” means any passenger vehicle, truck, truck-trailer or semitrailer propelled or drawn by mechanical power.
   “Municipal waste” means garbage, household waste, commercial/retail waste, institutional waste, industrial lunchroom and office waste, landscape waste, and construction or demolition debris.
   “Municipal waste incinerator” means a combustion apparatus in which municipal waste is burned.
   “Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface water.
   “New equipment” means equipment, the design of which was less than 50 percent completed on July 1, 1970.
   “Non-steady noise” means a noise whose level shifts significantly during the period of observation.
   “Odor unit” means one cubic foot of air at the odor threshold.
   “Oil-effluent water separator” means any tank, box sump or other container or group of such containers in which any organic material floating on, entrained or contained in water entering such containers is physically separated and removed from such water prior to the exit from the container of such water.
   “Open burning” means the combustion of any matter in the open or in an open dump.
   “Open dumping” means the consolidation of waste from one or more sources at a disposal site that does not fulfill the requirements of a sanitary landfill.
   “Owner or operator” means any person who has legal title to any premises, who has charge, care or control of any premises, who is in possession of the premises or any part thereof, or who is entitled to control or direct the management of the premises.
   “Person” means any individual natural person, trustee, court-appointed representative, syndicate, association, partnership, firm, club, company, corporation, business trust, institution, agency, government corporation, municipal corporation, city, county, municipality, district or other political subdivision, department, bureau, agency or instrumentality of federal, state or local government, contractor, supplier, vendor, installer, operator, user or owner, or any officers, agents, employees, factors, or any kind of representatives of any thereof, in any capacity, acting either for himself, or for any other person, under either personal appointment or pursuant to law, or other entity recognized by law as the subject of rights and duties. The masculine, feminine, singular or plural is included in any circumstances.
   “Phosphorus.” See definition “Polyphosphate builder”.
   “Pollution” means the disposition, discharge emission or release of any material into the environment to the detriment or threat to the public health, safety or welfare. When used in reference to water, pollution means the discharge or deposit into waters of sewage, industrial wastes or other wastes containing soluble or insoluble solids of organic or inorganic nature which may deplete the dissolved oxygen content of such waters, contribute settleable solids that may form sludge deposits, contain oil, grease or floating solids which may cause unsightly appearance on the surface of such waters, or contains soluble material detrimental to aquatic life, all beyond the content of such like substances present in an equal volume of the effluent discharge from the sewage treatment works of the Metropolitan Water Reclamation District into similar receiving waters.
   “Polyphosphate builder or phosphorus” means a water softening and soil suspending agent made from condensed phosphates, including pyrophosphates, triphosphates, tripolyphosphates, metaphosphates and glassy phosphates, used as a detergent ingredient, but shall not include polyphosphate builders or phosphorus which is essential for medical, scientific or special engineering used under such conditions and regulation as may be prescribed by the commissioner of health.
   “Portable boiler” means a boiler used separately or in connection with a power shovel, a road roller, a hoist, a derrick or a pile driver, steam locomotives, diesel locomotives, steamboats, tugboats, tar kettles, asphalt kettles, all other portable equipment capable of emitting smoke, particulate or other matter.
   “Post-collection separation” means a process that separates or classifies solid waste after the point of collection and recovers recyclable materials that can be returned to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards of the marketplace.
   “Post-consumer material” means products generated by a business or a consumer which have served their intended uses and which have been separated or diverted from solid waste for purposes of collection, recycling and disposition.
   “Power boilers” means boilers in which the steam or vapor pressure is more than 15 pounds per square inch above atmospheric pressure. Power boilers also include electric boilers, miniature boilers, high temperature boilers and organic fluid boilers, in which the temperature exceeds 250 degrees Fahrenheit as set forth in Section 1 of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code.
   “Premises” means any real estate or real property.
   “Pressure tank” means a tank in which fluids are stored at a pressure greater than atmospheric pressure.
   “Processes or process equipment” means any action, operation or treatment embracing chemical, industrial or manufacturing factors, such as heattreating furnaces, byproduct coke plants, coke-baking ovens, mixing kettles, cupolas, blast furnaces, open hearth furnaces, heating and reheating furnaces, puddling furnaces, sintering plants, Bessemer converters, electric steel furnaces, ferrous and nonferrous foundries, kilns, industrial waste treatment systems, stills, dryers, roasters and equipment used in connection therewith, and all other methods or forms of manufacturing or processing which may emit smoke, particulate matter, other matter or other waste.
   “Process weight rate” means the actual weight or engineering approximation thereof of all materials except liquid and gaseous fuels and combustion air, introduced into any process per hour. For a cyclical or batch operation, the process weight rate shall be determined by dividing such actual weight or engineering approximation thereof by the number of hours of operations excluding any time during which the equipment is idle. For continuous processes, the process weight rate shall be determined by dividing such actual weight or engineering approximation thereof by the number of hours in one complete operation, excluding any time during which the equipment is idle.
   “Public nuisance.” A violation of any emission limitation, performance standard or permit requirement set forth in this chapter shall be deemed and is hereby declared to be a public nuisance and as such is subject to abatement and/or cessation as provided for in Section 11-4-025 of this Code. Such abatement may be in addition to the administrative proceedings, fines and penalties herein provided.
   “Public right-of-way” means any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.
   “Recommended use level” means the amount of synthetic detergent or detergent which the manufacturer thereof recommends for use per wash load, at which said synthetic detergent or detergent will effectively perform its intended function.
   “Reconstruction” means any material change or alteration of any existing fuel-burning combustion or process equipment or device from the physical or operating condition for which approval was last obtained: or the addition, removal or replacement of any appurtenances or devices which materially affect the method or efficiency of preventing the discharge of pollutants into the atmosphere.
   “Recycle” or “recycling” means any process by which materials that would otherwise become municipal waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials for new, reused or reconstituted products, but does not include the recovery of materials for fuel in combustion or energy production processes. This definition shall not prohibit any recycling facility from recovering and using biogas or other fuel generated as a byproduct of a recycling activity, as approved by the commissioner, while the facility is otherwise primarily engaged in recycling.
   “Recycled content” means goods, supplies, equipment, materials and printing containing secondary materials.
   “Recycling facility” means any building, portion of a building or area in which Type A, Type B, Type C or Type D recyclable material, as defined in Section 11-4-2510, is collected, stored, or processed for the purpose of marketing the material for use as a product or as raw material in the manufacturing process of new, reused or reconstituted products. For classes of recycling facilities see Section 11-4-2540. A “recycling facility” shall not include any motor vehicle repair shop licensed pursuant to Chapter 4-228 of this Code.
   “Refuse” means garbage and rubbish.
   “Regular recycling service” means the recycling of at least four categories of recyclable materials by one or more of the following source separation and collection methods:
      (1)   At least biweekly alley or curbside collection of recyclable materials by the City of Chicago, a private for-profit operation or a nonprofit operation;
      (2)   Drop-off facilities or sites arranged in a network easily accessible and convenient to residents served; and/or
      (3)   A buyback center within one mile of any low-density building not receiving collection or drop-off service.
   “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, but excludes (a) any release which results in exposure to persons solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons; (b) emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine; (c) release of source, byproduct, or special nuclear material from a nuclear incident, as those items are defined in the Atomic Energy Act of 1954, if such release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under Section 170 of such Act; and (d) the normal application of fertilizer.
   “Remedial action” means those actions consistent with permanent remedy taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance into the environment, to prevent or minimize the release of hazardous substances so that they do not migrate to cause substantial danger to present or future public health or welfare or welfare of the environment. The term includes, but is not limited to, such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released hazardous substances or contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations repair or replacement of leaking containers, collection of leachate, and runoff, onsite treatment or incineration, provision of alternative water supplies, and any monitoring reasonably required to assure that such actions protect the public health and welfare and the environment. The term includes the costs of permanent relocation of residents and businesses and community facilities where it is determined that, alone or in combination with other measures, such relocation is more cost-effective than and environmentally preferable to the transportation, storage, treatment, destruction, or secure disposition offsite of hazardous substances, or may otherwise be necessary to protect the public health or welfare. The term includes offsite transport of hazardous substances, or the storage, treatment, destruction, or secure disposition offsite of such hazardous substances, or contaminated materials.
   “Removal” or “removal action” means the cleanup or removal of released hazardous substances from the environment, such actions as may be necessary taken in the event of the threat of release of hazardous substances into the environment, such actions as may be necessary to monitor, assess and evaluate the release or threat of release of hazardous substances, the disposal of removed material, or the taking of such other actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare of the environment, which may otherwise result from a release or threat of release. The term includes, in addition, without being limited to, security fencing or other measures to limit access, provision of alternative water supplies, temporary evacuation and housing of threatened individuals, and any emergency assistance which may be provided under the Illinois Emergency Management Agency Act, as amended, or any other law.
   “Resource recovery facility” means a facility using nonhazardous solid waste as fuel in a process specifically designed for the purpose of waste disposal, waste processing or volume reduction and which produces thermal energy or electricity as a by-product.
   “Ringelmann Chart” means the chart published and described in the U.S. Bureau of Mines Information Circular 8333.
   “Roaster” means a device used to effect the expelling of volatile matter or to effect oxidation as required in the manufacturing of such products as prepared meats, grain, coffee beans, nuts, etc.
   “RPM” means the engine crankshaft revolutions per minute.
   “SAE” means Society of Automotive Engineers or its successor bodies.
   “Sandblasting” means the abrasive cleaning of any architectural surface with the use of sand, shot, chemical processes or other grit removing substances.
   “Sanitary landfill” means a facility originally permitted under this chapter and operating prior to January 1, 1985, and permitted by the Illinois Environmental Protection Agency for the disposal of waste on land without creating nuisances or hazards to public health.
   “Secondary material” means any material recovered from or otherwise destined for the waste stream, including, but not limited to, post-consumer material, industrial scrap material and overstock or obsolete inventories from distributors, wholesalers and other companies, but such term does not include those materials and byproducts generated from, and commonly reused within, an original manufacturing process.
   “Sewage” means a combination of water-carried wastes from residences, business buildings, institutional and industrial establishments, together with such ground surface and stormwaters as may be present.
   “Sewage system” means any network of sewers and appurtenances for collection, transportation and pumping of sewage and industrial wastes.
   “Sewage treatment works” means the arrangement of devices and structures for treating sewage and industrial wastes.
   “Sewage works” means all facilities used for collecting, pumping, treating and disposing of sewage and industrial wastes.
   “Sewer” means any pipe or conduit for carrying sewage or other waste liquids.
   “Sintering plant” means the plant used in connection with the process of fusing fine particles of metallic ores causing agglomeration of such particles. Such plants consist of, but are not limited to, sintering machines, handling facilities, wind boxes, stacks and other auxiliaries pertinent to the process.
   “Smoke monitor” means a device using a light source and detector which can automatically measure and record the light-obscuring power of smoke at a specific location in the flue or stack of a source. Measuring and recording to be at intervals of not less than 15 seconds.
   “Solid fuel” means any material in its solid state capable of being consumed by combustion process.
   “Solid waste” means waste.
   “Soot” means agglomerated particles consisting essentially of carbonaceous material.
   “Spark-ignition powered motor vehicle” means a vehicle which is self-propelled by a spark ignition type of internal combustion engine, which includes, but is not limited to, engines fueled by gasoline, propane, butane and methane compounds.
   “Special waste” means any industrial process waste, pollution control waste or hazardous waste, as defined in regulations issued by the Illinois Pollution Control Board.
   “Stack or chimney” means a flue, conduit or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.
   “Stack spray” means a nozzle or series of nozzles installed in a stack above the breeching used to inject wetting agents at high pressure to suppress the discharge of particulate matter from the stack.
   “Standard conditions” means a gas temperature of 70 degrees Fahrenheit and a gas pressure of 29.92 inches mercury.
   Standard Cubic Foot (scf). The standard cubic foot is a measure of the volume of gas under standard conditions.
   “Storage”, when used in connection with any waste material, means the containment of such waste on a temporary basis.
   “Storm sewer” means any pipe or conduit which carries storm surface water and drainage but excludes sewage and industrial wastes. It may, however, carry cooling waters and unpolluted waters.
   “Submerged loading pipe” means any loading pipe the discharge opening of which is entirely submerged when the liquid level is six inches above the bottom of the tank. When applied to a tank which is loaded from the side, any loading pipe the discharge of which is entirely submerged when the liquid level is 18 inches or two times the loading pipe diameter, whichever is greater, above the bottom of the tank. This definition shall also apply to any loading pipe which is continuously submerged during loading operation.
   “Synthetic detergent or detergent” means any cleaning compound which is available for household use, laundry use, other personal uses or industrial use, which is composed of organic and inorganic compounds, including soaps, water softeners, surface active agents, dispersing agents, foaming agents, buffering agents, builders, fillers, dyes, enzymes and fabric softeners, whether in the form of crystals, powders, flakes, bars, liquid sprays or other form.
   “Toxic substances” means any substance whether gaseous, liquid or solid which when discharged into the sewer system in sufficient quantities will interfere with any sewage treatment process, or will constitute a hazard to human beings or animals, or will inhibit aquatic life or create a hazard to recreation in the receiving waters of the effluent from the sewage treatment works of the Metropolitan Water Reclamation District.
   “Trade secret” means any scientific or technical information, design, process, procedure, formula or improvement, or business plan which is secret in that it has not been published or disseminated or otherwise become a matter of general public knowledge, and which has competitive value.
   “Transfer station” means a site or facility that accepts waste for sorting and/or consolidation, and for further transfer to a waste disposal, treatment, or handling facility.
   “Treatment” means any method, technique or process designed to change the physical, chemical or biological character or composition of any waste so as to neutralize such waste, or to render such waste nonhazardous, safer for transport, amenable for recovery, or reduced in volume.
   “True vapor pressure” means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute Bulletin 2517, Evaporation Loss From Floating Roof Tanks, 1962.
   “Unfired pressure vessel” means any tank or pressure vessel used to contain air, water or other substance under pressure, except tanks containing only water under pressure in the city mains, unless otherwise prescribed in other sections in the building provisions of this Code.
   “Unit operation” means methods where raw materials undergo physical change; methods by which raw materials may be altered into different states, such as vapor, liquid or solid without changing into a new substance with different properties and composition.
   “Unit process” means reactions where raw materials undergo chemical change, where one or more raw materials are combined and completely changed into a new substance with different properties and composition.
   “Vehicle” means a self-propelled over-the-road mechanism such as a truck, machine, tractor, roller, derrick, crane, trencher, portable hoisting engine or automobile, or any conveyance used for carrying persons or things, trailer, semitrailer, boat, tug or other apparatus which is not ordinarily permanently installed in one location but is used in various places over a wide area, except electrically powered vehicles.
   “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, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, but excludes:
      (1)   Sewage collected and treated in a municipal or regional sewage system; or
      (2)   Recyclable materials managed in compliance with the provisions of this chapter and regulations of the City of Chicago.
   “Watercourse” means any channel, natural or artificial, whether lined or unlined for drainage of stormwater, groundwater or clear water.
   “Waters” means all waters of any river, stream, watercourse, pond or lake wholly or partly within or adjoining the territorial boundaries of the City of Chicago.
   “Zoning district” means those districts established by the City Zoning Ordinance (Title 17 of this Code).
(Prior code § 17-1.11; Amend Coun. J. 1-27-88, p. 10081; Amend Coun. J. 3-8-89, p. 25433; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 1-12-95, p. 65073; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 7-19-00, p. 38293, § 2; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 2-9-11, p. 112149, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-8-12, p. 38872, § 194; Amend Coun. J. 10-16-13, p. 61664, § 1; Amend Coun. J. 10-11-17, p. 56894, § 2; Amend Coun. J. 11-21-17, p. 61755, Art. IV, § 1; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 24)
11-4-130  Reserved.
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed § 11-4-130, which pertained to fees.
11-4-140  Fee on generation of liquid waste.
   (a)   On and after October 1, 1999, a fee is imposed on the generation of liquid waste that is generated within the corporate limits of the city. The liquid waste generator, as defined herein, shall submit the fees directly to the department.
   (b)   For purposes of this section, the term “liquid waste” means any discarded or abandoned material which maintains the physical state of continuous volume relatively independent of pressure and which takes the shape of its container at ambient temperature.
   (c)   For purposes of this section, the term “liquid waste generator” means any natural individual, person, corporation, partnership, trust, association, limited liability company, joint venture, foundation or other legal entity that generates liquid waste and meets one or both of the following criteria:
      (1)   the liquid waste is designated pursuant to Section 5/3.45 of the Illinois Environmental Protection Act as “special waste”, and is containerized and transported off-site;
      (2)   the liquid waste has the potential to adversely impact the public health, safety or welfare of the citizens of Chicago as determined by the commissioner pursuant to Section 2-30-030 of this Code.
   (d)   The fee imposed on each liquid waste generator for the generation of liquid waste as defined in Section 11-4-140(c)(1) and (c)(2) shall be $0.025 per gallon generated for generation equivalent to 360 gallons or more per reporting period.
   (e)   Each liquid waste generator shall submit periodic reporting statements to the department, on forms supplied by the department, certifying the quantities of liquid waste generated during the reporting period. The reporting period shall be January 1 – December 31. Such reports, together with the fee attributable to the liquid waste generated during the reporting period, shall be submitted within 30 days of the last day of the reporting period.
   (f)   Every liquid waste generator shall be subject to periodic audits by the department to assess compliance with the requirements of this section. The department shall have the authority and the right to corroborate quantities of liquid waste reported to the department with quantities reported to the Illinois Environmental Protection Agency.
   (g)   Any person who violates any provision of this section shall be fined not less than $500.00 and not more than $1,000.00 for each offense.
   (h)   Notwithstanding any other provision of this section, generators of liquid waste who are governmental bodies are exempt from the fees and reporting requirements imposed by this section.
   (i)   Notwithstanding any other provision of this section, any facility that is issued a permit to operate as a liquid waste handing facility pursuant to Section 11-4-1525 of this Code is exempt from the fees and reporting requirements imposed by this section.
(Prior code § 17-1.12.1; Added Coun. J. 12-18-86, p. 38637; Amend Coun. J. 9-1-99, p. 10082, § 2; Amend Coun. J. 7-19-00, p. 38286, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
11-4-141  Surcharge on disposal of waste.
   A.   A surcharge is imposed upon the disposal of solid waste at any solid waste disposal facility within the corporate boundaries of the city. The owner or operator of each solid waste disposal facility permitted under this chapter shall pay the surcharge pursuant to the following schedule:
      1.   $0.60 per cubic yard if more than 150,000 cubic yards of nonhazardous solid waste is permanently disposed of at the site in a calendar year, unless the owner or operator weighs the quantity of the solid waste received with a device for which certification has been obtained under the Illinois Weights and Measures Act (225 ILCS § 470/1, et seq.) in which case the fee shall be $1.27 per ton of solid waste permanently disposed of at the site in a calendar year.
      2.   $33,350.00 if more than 100,000 cubic yards, but not more than 150,000 cubic yards, of non- hazardous waste is permanently disposed of at the site in a calendar year.
      3.   $15,500.00 if more than 50,000 cubic yards, but not more than 100,000 cubic yards, of non- hazardous solid waste is permanently disposed of at the site in a calendar year.
      4.   $4,650.00 if more than 10,000 cubic yards, but not more than 50,000 cubic yards, of non- hazardous solid waste is permanently disposed of at the site in a calendar year.
      5.   $650.00 if not more than 10,000 cubic yards of non-hazardous solid waste is permanently disposed of at the site in a calendar year.
   B.   The commissioner shall establish rules and regulations relating to the collection of the surcharge required to be paid by this section.
   C.   The permanent disposal or transport of solid waste which meet the criteria set forth in 415 ILCS § 5/22.16, 5/22.16(a) or 5/22.15(k) (1994) shall be exempt from the surcharge imposed by this section, except that the surcharge imposed under this section shall be applicable to the permanent disposal of solid waste under any contract lawfully executed prior to June 1, 1986 under which more than 150,000 cubic yards (or 50,000 tons) of solid waste is to be permanently disposed of, even though the waste is exempt from the fee imposed by the State of Illinois under 415 ILCS § 5/22.15(b) pursuant to an exemption granted under 415 ILCS § 5/22.16.
(Added Coun. J. 3-6-96, p. 17622)
11-4-142  Reserved.
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed § 11-4-142, which pertained to a fee on new tires.
11-4-150  Liquid waste management fund.
   There is hereby created within the city treasury a special fund to be known as the “liquid waste management fund” constituted from the fees and fines collected pursuant to Section 11-4-140. The fund is to be utilized for the regulation of liquid waste, including monitoring, planning, inspecting, providing technical assistance, and enforcing rules, regulations and ordinances with respect to the management, transportation, disposal, recycling and characterization of liquid waste. This includes hazardous materials incidents, leaking underground storage tanks and liquid waste handling facilities.
(Prior code § 17-1.12.2; Amend Coun. J. 12-18-86, p. 38637; Amend Coun. J. 9-1-99, p. 10082, § 2)
11-4-160  Reserved.
Editor's note – Coun. J. 12-12-07, p. 17167, § 3, repealed § 11-4-160, which pertained to original inspection fees.
11-4-170  Reserved.
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed § 11-4-170, which pertained to periodic inspection fees.
11-4-180  Reserved.
Editor's note – Coun. J. 12-12-07, p. 17167, § 4, repealed § 11-4-180, which pertained to ASME code work fees.
11-4-190  Payment and disposition of fees and fines.
   All fees, fines or penalties prescribed for the issuance of permits, licenses or certificates or for the inspection of premises or equipment, or for the regulation of liquid waste and construction or demolition debris, under any provision of this chapter, shall be paid to the commissioner, or to the comptroller, who shall render to the person making such payment a receipt stating the amount and purpose for which such fee or penalty has been paid. All fees and penalties thus received shall be deposited with the city comptroller for the corporate fund; provided however, that the fees and fines collected pursuant to Section 11-4-140 shall be deposited in the special fund known as the “liquid waste management fund”, as described in Section 11-4-150; and that the fees and fines collected pursuant to Section 11-4-1961 shall be deposited in the special fund known as the “construction/demolition debris management fund”, as described in Section 11-4-1961.
(Prior code § 17-1.16; Amend Coun. J. 12-18-86, p. 38637; Amend Coun. J. 9-1-99, p. 10082, § 3; Amend Coun. J. 12-12-07, p. 17167, § 5; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 9)
11-4-200  Fees – Debt due to city.
   All fees, fines or penalties prescribed for payment required under any provision of this chapter shall constitute a debt due the city. No civil judgment, or any act by the corporation counsel, the commissioner, or the violator, shall bar or prevent a criminal prosecution for each and every violation of this chapter as provided.
(Prior code § 17-1.17; Amend Coun. J. 9-1-99, p. 10082, § 4)
11-4-210  Reserved.
Editor's note – Coun. J. 12-12-07, p. 17167, § 6, repealed § 11-4-210, which pertained to refunds of permit fees.
11-4-220  Reserved.
Editor's note – Coun. J. 12-12-07, p. 17167, § 7, repealed § 11-4-220, which pertained to refunds of fees.
11-4-230  Violation – Penalties.
   Any person found guilty of violating, disobeying, omitting, neglecting, refusing to comply with or resisting or opposing the enforcement of any of the provisions of this chapter, except when otherwise specifically provided, upon conviction thereof shall be punished by a fine of not less than $100.00 nor more than $300.00 for the first offense, and not less than $300.00 nor more than $500.00 for the second and each subsequent offense, in any 180-day period. Repeated offenses in excess of three within any 180-day period may also be punishable as a misdemeanor by incarceration in the county jail for a term not to exceed six months under the procedure set forth in Section 1-2-1.1 of the Illinois Municipal Code (Illinois Revised Statutes 1969, Chapter 25, paragraph 1-2-1.1) and under the provisions of the Illinois Code of Criminal Procedure (Illinois Statute 1969, Chapter 38, paragraph 100-1, et seq.) in a separate proceeding. A separate and distinct offense shall be regarded as committed each day on which such person shall continue or permit any such violation or failure to comply is permitted to exist after notification thereof. In addition to such fines and penalties, the permit, or certificate of operation of such person, or of the offending property may be suspended or revoked as hereinbefore provided.
(Prior code § 17-1.20; Amend Coun. J. 11-8-12, p. 38872, § 195)
11-4-240  Reserved.
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed § 11-4-240, which pertained to an installation permit requirement.
11-4-250  Waste handling facilities – Permit required – Annual report required.
   (a)   It shall be unlawful for any person to install or to construct or to operate any liquid waste handling facility, resource recovery facility, incinerator, sanitary landfill, transfer station or any facility that disposes, handles or treats any waste in the City of Chicago without having obtained a written permit from the commissioner. No changes, additions, expansions or extensions to any such facility shall be made without having obtained a written permit from the commissioner. For purposes of this section, an expansion or extension shall refer to an increase in the horizontal and/or vertical permitted limits of a facility or an increase in the handling or treating capacity of a facility; provided, however, the definition of expansion with respect to sanitary landfills shall be as set forth in Section 11-4-120.
   Any operation at any such facility which exceeds or does not comply with the plans and specifications of the facility reviewed and approved by the commissioner pursuant to the permit application, or which violates any of the conditions imposed by the permit, or which violates any provisions of this chapter or rules or regulations promulgated hereunder shall be a violation of this section and will constitute grounds for revocation of the permit.
   (b)   Any person requiring a permit under this section shall submit to the commissioner of the department of streets and sanitation a written annual report summarizing all waste and recyclable material disposition, handling and treatment activities occurring at the facility during each calendar year. The annual report required under this subsection shall be submitted by such person to the department no later than February 28th following the calendar year to which the annual report relates. Such report shall contain the following data and information:
      (1)   the full name and business address of the permitted facility;
      (2)   the full name, business telephone number and e-mail address of a responsible person to contact regarding the content of any written report submitted under this section;
      (3)   if applicable, the tonnage of all recyclable material, per material type or category, collected by the permittee during the applicable reporting period; the name and location of the facility to which each type or category of recyclable material was delivered; and the approximate percentage of each type or category of recyclable material delivered to each named facility;
      (4)   if applicable, the tonnage of all municipal solid waste collected by the permittee during the applicable reporting period; the name and location to which the municipal solid waste was delivered; and the approximate percentage of municipal solid waste delivered to each named location;
      (5)   if applicable, the tonnage of all construction and demolition debris, per material type or category, collected by the permittee during the applicable reporting period; the name and location to which the construction and demolition debris was delivered; and the approximate percentage of construction and demolition debris delivered to each named location; and
      (6)   any other information that the commissioner of streets and sanitation may require to implement the requirements of this chapter and Chapter 11-5 of this Code.
   (c)   If a permittee under this section fails to submit in a timely manner the annual recycling report required under subsection (b) of this section or submits an incomplete annual recycling report, such permittee's permit under this section shall not be renewed by the department until such time that the annual recycling report required under subsection (b) of this section is submitted and is complete.
   (d)   Penalties imposed for violations of this section shall be as provided in Section 11-4-030 of this Code.
(Prior code § 17-1.22; Amend Coun. J. 3-8-89, p. 25433; Amend Coun. J. 1-12-95, p. 65073; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 2-9-11, p. 112149, § 3; Amend Coun. J. 7-20-16, p. 28694, § 4)
11-4-260  Environmental standards for shooting range facilities.
   (a)   For purpose of this section, the terms “shooting range” and “shooting range facility” have the meaning ascribed to those terms in Section 4-151-010.
   (b)   The commissioner is authorized to promulgate rules and regulations for the cleaning of, sound and air quality control at, and discharge of particulate matter and waste from shooting ranges and shooting range facilities.
   (c)   In addition to any other fine or penalty provided, any person who violates any rule or regulation promulgated under this section shall be fined not less than $300.00 nor more than $1,000.00.
(Added Coun. J. 7-6-11, p. 3073, §6)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed a former § 11-4-260, which pertained to a certificate of operation.
11-4-270  Reserved.
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed § 11-4-270, which pertained to contents of plans and specifications.
11-4-280  Reserved.
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed § 11-4-280, which pertained to plan approval by a registered engineer.
11-4-290  Reserved.
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed § 11-4-290, which pertained to conformity to plans and specifications.
11-4-300  Reserved.
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed § 11-4-300, which pertained to permit issuance conditions.
11-4-310  Confidentiality.
   (a)   Any trade secret reported to or otherwise obtained by the department in connection with any examination, inspection or proceeding under this chapter shall be considered confidential;
   (b)   The commissioner shall adopt regulations which prescribe: (1) procedures for evaluating whether a device, material or process is a trade secret; and (2) procedures to protect the confidentiality of a trade secret.
(Prior code § 17-1.28; Amend Coun. J. 3-8-89, p. 25433)
11-4-320  Violation of pollution standard.
   Whenever the commissioner shall determine that any pollution standard in this chapter is violated the commissioner may issue an emergency or non- emergency cessation order or an emergency or non- emergency abatement order in accordance with the provisions of Section 11-4-025 of this Code to the person who causes such violation to occur.
(Prior code § 17-1.29; Amend Coun. J. 7-10-96, p. 24987; Amend Coun. J. 11-12-97, p. 56814; Amend Coun. J. 4-29-98, p. 66564; Amended Coun. J. 9-27-07, p. 9208, § 1)
11-4-330  Reserved.
Editor's note – Coun. J. 11-16-11, p. 13798, Art. II, § 7, repealed § 11-4-330, which pertained to notice of violation.
11-4-340  Reserved.
Editor's note – Coun. J. 9-27-07, p. 9208, § 2, repealed § 11-4-340, which pertained to discontinuance and sealing of equipment or process.
11-4-350  Reserved.
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed § 11-4-350, which pertained to the breaking or removal of seal.
11-4-360  Enforcement – Interference with inspection.
   The commissioner, or anyone authorized to act for him, in the performance of his duties and for the purpose of enforcing and administering this chapter or any order, regulation or rule promulgated pursuant thereto, or for the purpose of obtaining facts with respect to any complaint or noncompliance, is hereby authorized and empowered to enter into any building, structure, establishment, premises or enclosure or other place at all reasonable hours for the purpose of inspecting any regulated equipment, area, site, or facility. If any person in any way denies, obstructs or hampers such entrance or inspection or refuses to provide requested information during inspection, the commissioner is hereby authorized to refuse the issuance of any certificate or permit for any regulated equipment, area, site, or facility with respect to which entrance or inspection has been denied in the event one has not been issued; or to revoke any outstanding certificate or permit issued for such regulated equipment, area, site, or facility.
(Prior code § 17-1.33; Amend Coun. J. 10-7-09, p. 73413, § 1)
11-4-370  Proof of responsibility.
   (a)   Prior to the issuance of a permit for incinerators, liquid waste handling facilities, resource recovery facilities, sanitary landfills, transfer stations or Class V recycling facilities, the applicant shall post security. The purpose of such security is to assure that the applicant will comply with the requirements of such permit, the provisions of this Code and the rules and regulations promulgated hereunder, and to secure payment of the city's expenses incurred in correcting any dangerous condition or defect existing in such facility or in responding to any emergency created as a result of the operation of the facility, and also to assure closure of the site and post-closure care in accordance with the requirements of this Code. Such security shall be maintained in effect for 90 days after the notice of the official closure of the facility has been given in writing to the commissioner.
   Security shall be provided in the following amounts, unless the commissioner, upon review of the applicant's operations, determines that a higher amount is necessary:
      Transfer station.....$100,000.00
      Incinerator.....$250,000.00
      Liquid waste handling facility.....$250,000.00
      Resource recovery facility.....$250,000.00
      Sanitary landfill.....$500,000.00
      Class V recycling facility.....$25.000.00
   (b)   The commissioner shall specify the form, or forms, or combination of forms of security required by this section, and the commissioner shall also specify the amount or amounts of any such security. The commissioner may increase the amount of the required security based on a review of the facility's operations during the time the permit is issued or renewed. Any such specification by the commissioner as to form or amount shall be subject to the approval of the city comptroller and the corporation counsel.
   (c)   In no event shall the security required by this section be deemed to be the limit of the permittee's liability for its equipment, process or operation or its activities at the facility.
   (d)   No security under this section shall be required of the City of Chicago.
(Prior code § 17-1.34; Amend Coun. J. 3-8-89, p. 25433; Amend Coun. J. 1-19-90, p. 10553; Amend Coun. J. 3-6-96, p. 17625; Amend Coun. J. 9-1-99, p. 10090, § 1; Amend Coun. J. 4-9-08, p. 24657, § 5; Amend Coun. J. 2-9-11, p. 112149, § 4; Amend Coun. J. 11-8-12, p. 38872, § 196)
11-4-380  Reserved.
Editor's note – Coun. J. 9-1-99, p. 10096, § 2, repealed § 11-4-380, which pertained to issuance of permit – sanitary landfill.
11-4-390  Reserved.
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed § 11-4-390, which pertained to certificate of operation and compliance with chapter.
11-4-400  Reserved.
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed § 11-4-400, which pertained to work performed without permit or in noncompliance with permit.
11-4-410  Reserved.