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 II, § 7, repealed § 11-4-330, which pertained to notice of violation.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 J. 9-27-07, p. 9208, § 2, repealed § 11-4-340, which pertained to discontinuance and sealing of equipment or process.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 J. 10-7-09, p. 73413, § 1, repealed § 11-4-350, which pertained to the breaking or removal of seal.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 the Commissioner’s designee, in performing the duties imposed by this Code and for the purpose of enforcing and administering this chapter or any order 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. Any person who in any way denies, obstructs, or hampers such entrance or inspection or refuses to provide requested information during inspection, violates this section and shall be subject to a fine 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. 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; Amend Coun. J. 11-15-23, p. 6542, Art. V, § 6)

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.