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Whenever conditions inside or under any building or structure provide such extensive harborage for rats that the building commissioner deems it necessary to eliminate such harborage he may require the owner or occupant in charge of any such building or structure to install suitable cement floors in basements, or to require such owner or occupant to correct such rat harborage as may be necessary in order to facilitate the eradication of rats.
(Prior code § 99-61.6)
(a) It shall be unlawful for any person to place, leave, dump, or permit to accumulate any garbage or trash, including any animal feed, food, food waste, or other foodstuffs, or any dead animals or waste vegetable matter of any kind, in any building, structure, premises, land, or waterway.
Any person who violates this section shall be fined not less than $300 nor more than $600 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
"Commissioner" means the Commissioner of Streets and Sanitation or the Commissioner of Health. When used in the plural, the term means both commissioners.
"Compost" means the humus-like product of the process of composting organic waste, which may be used as a soil conditioner.
"Composting" means a controlled biological treatment process by which microorganisms or worms decompose the organic fraction of waste, producing compost.
"Composting material" means organic waste undergoing composting.
"Composting operation" means all composting activities conducted on a site, including all composting material, stored organic waste and end-product compost located on any site at any one time.
"Food scrap" means garbage that is (i) capable of being composted, (ii) separated by the generator from other waste, including non-compostable garbage; and (iii) managed separately from other waste, including non-compostable garbage. Food scrap includes packaging, utensils, and food containers composed of readily biodegradable material in accordance with the ASTM D6400 standard required for use under Section 3.197 of the Illinois Environmental Protection Act, codified at 415 ILCS 5/3.197. For purposes of this definition, the term "garbage" has the meaning ascribed to the term in Section 11-4-120 of this Code.
"In-vessel" means composting which is conducted entirely within a fully enclosed container, with no opening having a dimension greater than 1/4 inch in any direction.
"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).
"Limited organic waste" means organic waste, other than landscape waste, which does not include: fish; fish products; poultry; poultry products; meat; meat products; eggs (excluding egg shells); cheese, butter or other dairy products; fat; grease; oil or oily food; cat, dog, or other animal excreta; animal feed losses or animal bedding; colored or glossy paper; sawdust from pressure-treated plywood or lumber; diseased or insect-infested houseplants or soil; or biodegradable or compostable plastic.
"Operator" means any person who is engaged in a garden composting operation.
"Organic waste" means food scrap, landscape waste, uncontaminated wood waste or other non- hazardous carbonaceous waste that is collected and processed separately from the rest of the municipal waste stream.
"Owner" means any person who has legal title to any premises or structure where a garden composting operation is conducted.
"Uncontaminated wood waste" means untreated, unpainted and unvarnished wood.
"Vector" means any living agent, other than human, capable of transmitting, directly or indirectly, an infectious disease.
(Prior code § 99-61.7; Amend Coun. J. 7-31-90, p. 19384; Amend Coun. J. 4-11-07, p. 102577, § 1; Amend Coun. J. 7-28-10, p. 97912, § 7; Amend Coun. J. 11-16-11, p. 14596, Art. II, § 1; Amend Coun. J. 7-29-15, p. 4110, § 1; Amend Coun. J. 7-17-24, p. 14378, § 1)
(1) Any composting operation which meets the qualifications of paragraphs (3), (4) or (5) of this section shall be exempt from the permit requirements of Chapter 11-4 of this Code.
(2) General composting standards. All composting operations which meet the qualifications of paragraphs (3), (4) or (5) shall promote proper conditions for composting and shall operate under the following standards, in addition to all applicable local, state and federal laws, rules and regulations:
(a) Nuisance. In no event shall any composting activity be conducted in a manner which creates an odor, litter, dust or noise nuisance, or attracts vectors or pests.
(b) Rat and other vector control. The presence of insects, rodents, birds and other vectors or pests shall be controlled through specific measures. These specific measures may include grinding the ingredients, providing screens or netting, or conducting the composting operation in-vessel.
(c) Surface water. The composting operation shall be located or designed and constructed to prevent the composting material and compost from sitting in ponded surface water. In no event shall any composting activity be conducted in a manner which creates standing water resulting from leachate.
(d) Mixing. Composting material shall be mixed or turned at regular intervals as conditions mandate to re-mix ingredients, distribute moisture, rebuild porosity and aid in physical breakdown until composting is complete.
(e) [Reserved.]
(f) Sewage restriction. The composting material shall not contain sewage, sludge, septage or catch basin waste. For the purposes of this section, "sewage" shall have the meaning ascribed to it in Section 11-4-120 of this Code; "sludge" shall mean any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other such waste having similar characteristics or effects; "septage" shall mean the waste found in a septic tank; and "catch basin waste" shall mean the waste found in a catch basin.
(3) (i) Tier I garden composting operation. A composting operation that composts only landscape waste, whether or not generated on-site, shall be exempt from the permit requirements of Chapter 11-4 of this Code if it meets the following criteria:
(a) Ingredients. The composting operation composts only landscape waste.
(b) Noncommercial. The composting operation is not engaged in commercial activities related to composting, the acceptance of landscape waste or commercial landscaping.
(c) Size. The composting operation contains no more than a total of 10 cubic yards of landscape waste, composting material and end product compost on-site at any one time, unless express written authorization has been issued by the commissioner of streets and sanitation allowing a greater volume, not to exceed 25 cubic yards.
(d) Compost use. All generated compost must be used on-site.
(3) (ii) Tier II garden composting operation. A composting operation that composts only landscape waste and limited organic waste, whether or not generated on-site, shall be exempt from the permit requirements of Chapter 11-4 of this Code if it meets the following criteria:
(a) Ingredients. The composting operation composts only landscape waste and limited organic waste. The limited organic waste shall not exceed 10% of the total material in the process of being composted on-site at any one time.
(b) Processing. All limited organic waste that constitutes food scrap must be processed into the composting operation by the end of the day it was generated on-site or received from off-site. Other limited organic waste must be processed into the composting operation or be contained in a properly maintained covered steel or rigid plastic container by the end of the day it was generated on-site or received from off-site.
(c) Record keeping. The operator shall, in a form prescribed by the commissioners, maintain on site and shall make available for inspection records of all limited organic waste received from off-site.
(d) Compost use. All generated compost must be used on-site.
(e) Noncommercial. The composting operation is not engaged in commercial activities related to composting, the acceptance of limited organic waste or landscape waste, or commercial landscaping.
(f) Size. The composting operation contains no more than a total of 10 cubic yards of landscape waste, limited organic waste, composting material and end product compost on-site at any one time, unless express written authorization has been issued by the commissioner of streets and sanitation allowing a greater volume, not to exceed 25 cubic yards.
(3) (iii) Registration. Any operator shall annually register with the city's on-line or other registration portal, or a third party registration portal approved by the commissioners by rule. Such registration must include the name and contact information of the operator, the name and contact information of the owner, the name and contact information of the individual principally in charge of the site operations (if different from the operator), and any other information that may be required by the commissioners by rule. The operator must keep such information current as provided by the commissioners by rule.
(4) On-site organic waste composting operation. A composting operation that composts food scrap and/or non-hazardous carbonaceous waste, whether or not landscape waste is added to the composting mixture, shall be exempt from the permit requirements of Chapter 11-4 of this Code if it meets the following criteria:
(a) Ingredients. The composting operation composts only organic waste that is generated on-site.
(b) In-vessel requirement. Any composting of food scrap and/or non-hazardous carbonaceous waste is conducted in-vessel. This requirement also applies to mixtures of landscape wastes with these wastes.
(c) Size. The composting operation contains no more than a total of 5 cubic yards of landscape waste, composting material and end product compost on-site at any one time, unless express written authorization has been issued by the commissioner of streets and sanitation allowing a greater volume.
(d) Compost use. All generated compost is used on-site.
(5) In addition to those composting operations described in paragraphs (3) and (4), all composting operations which meet the criteria for a permit-exempt facility pursuant to 35 Illinois Admin. Code Section 830.105 shall meet the standards of paragraph (2)(a) through (f) of this section, in addition to all applicable local, state and federal laws, rules and regulations.
(6) Enforcement provisions. Any person that violates this section or any rule or regulation promulgated thereunder and is not operating under a permit under Chapter 11-4 that permits composting shall be fined not less than $300 nor more than $600 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply. In addition, if any person violates this section, the commissioner of health may issue an emergency or non-emergency cessation or abatement order in accordance with Section 11-4-025 of this Code.
(7) The commissioner is authorized to enforce this section and rules and regulations promulgated thereunder. The commissioners are authorized to administer this section and to jointly adopt and promulgate reasonable rules and regulations pertaining to the administration and enforcement of this section.
(Added Coun. J. 4-11-07, p. 102577, § 1; Amend Coun. J. 7-29-15, p. 4110, § 1)
It shall be unlawful for any person to accumulate or permit the accumulation on any open lot, or other premises, any lumber, boxes, barrels, bricks, stones, scrap metal, motor vehicle bodies or parts, or similar materials, or any articles of junk, which provides rat- harborage, unless the same shall be placed on open racks that are elevated not less than 18 inches above the ground, evenly piled or stacked.
Any person who violates this section shall be fined not less than $300 nor more than $5,000 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
(Prior code § 99-61.8; Amend Coun. J. 7-31-90, p. 19384; Amend Coun. J. 7-28-10, p. 97912, § 8; Amend Coun. J. 11-16-11, p. 14596, Art. II, § 1; Amend Coun. J. 10-11-17, p. 56894, § 1)
ARTICLE VI. LOT MAINTENANCE (7-28-740 et seq.)
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