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(a) No person shall cause or allow the discharge or emission of lead from any facility: (i) so as to prevent the attainment or maintenance of the national primary ambient air quality standard for lead and its compounds, codified in Title 40, Section 50.16 of the Code of Federal Regulations (C.F.R.), as amended; or (ii) so as to cause or tend to cause air pollution, provided, however, that for purposes of this subsection (ii), lead emissions in compliance with a facility's state or federal air permit shall not constitute air pollution; or (iii) so as to prevent the attainment or maintenance of any applicable ambient air quality standard in violation of Title 35, Section 201.141 of the Illinois Administrative Code (I.A.C.), as amended, 40 C.F.R. Section 50.16, and any subsequent amendments to the national primary ambient air quality standard for lead and its compounds which are adopted and incorporated by reference and made part of this section as if fully set forth herein.
(b) For purposes of this section, nonattainment of the applicable ambient air quality standard for lead shall be determined using: data collected from a monitor operated by a federal, state, or local governmental entity; and, the calculation, sampling and analysis methods specified or referred to in 40 C.F.R. Part 50, Appendix R, as amended.
(c) Any person who owns or operates a facility subject to the toxic release inventory (T.R.I.) reporting requirements as codified in 40 C.F.R. Part 372, as amended, and reported total lead air emissions greater than or equal to one hundred pounds in a T.R.I. report in any of the five years preceding the current calendar year shall submit quarterly reports to the department, in the form prescribed by the commissioner, of the facility's estimated lead emissions during each quarter of the year. The report for the first quarter of each calendar year (January through March) is due on or before October 15th of the same calendar year; the report for the second quarter (April through June) is due on or before January 15th of the following calendar year; the report for the third quarter (July through September) is due on or before April 15th of the following calendar year; and, the report for the fourth quarter (October through December) is due on or before July 15th of the following calendar year. If the due date under this subsection falls on a Saturday, Sunday, or designated City of Chicago holiday, then the due date will be the first business day immediately following the Saturday, Sunday, or designated City of Chicago holiday. At a minimum, each quarterly report must contain the same information regarding the facility's estimated lead emissions as is required under 40 C.F.R. Section 372.85, as amended, except that the emission estimates will be on a quarterly basis. The person shall estimate its quarterly lead emissions using the same methodology that it uses for its annual T.R.I. report.
(Added Coun. J. 7-28-11, p. 4950, § 1; Amend Coun. J. 11-8-12, p. 38872, § 197)
No person shall cause or allow emissions from any source to exceed the limitations set forth by regulations promulgated by the State of Illinois Pollution Control Board, codified in Part 212 of 35 Illinois Administrative Code, as amended, including regulations set forth to limit fugitive particulate emissions, which regulations are adopted and incorporated by reference and made a part of this section as if fully set forth herein.
(Added Coun. J. 10-7-09, p. 73413, § 1)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-720, which pertained to fugitive particulate emissions.
No person shall cause or allow the operation of any dry cleaning equipment that uses perchloroethylene in violation of Subparts A and M of Part 63 of Title 40 of the Code of Federal Regulations, as amended, and Section 22.57 of the Illinois Environmental Protection Act, codified at 415 ILCS 5/22.57, which regulations and statute are adopted and incorporated by reference and made a part of this section as if fully set forth herein.
(Added Coun. J. 7-29-15, p. 3594, § 1)
No person shall cause or allow the operation of any motor vehicle repair shop in violation of Subpart HHHHHH of Part 63 of Title 40 of the Code of Federal Regulations, as amended, and Part 211 and Subpart HH of Part 218 of Title 35 of the Illinois Administrative Code, as amended, which regulations are adopted and incorporated by reference and made a part of this section as if fully set forth herein.
(Added Coun. J. 7-29-15, p. 3594, § 1)
It shall be unlawful within the City of Chicago for any person to cause, suffer or allow the emission of air pollution; provided, however, emissions in compliance with state or federal law or regulations shall not constitute air pollution.
(Added Coun. J. 10-7-09, p. 73413, § 1)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-730, which pertained to surfacing of lots and roadways.
It shall be unlawful to burn paper, wood, garbage, leaves, building construction, demolition debris or any other combustible material in open fires or in metal containers.
The commissioner shall implement the rules and regulations set forth in Part 237.120 of 35 Illinois Administrative Code, Open Burning, as promulgated by the State of Illinois Pollution Control Board and subject to amendment from time to time.
(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-740, which also prohibited open fires.
No person shall maintain or conduct or cause to be maintained or conducted any parking lot or automobile or truck sales lot or use any real property for a private roadway without taking reasonable precautions to minimize air pollution, including, but not limited to, covering or treating such real property with a surface or substance, and complying with applicable laws.
(Added Coun. J. 10-7-09, p. 73413, § 1)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-750, which pertained to dilution or concealment of emissions.
(a) Material handling: No person shall cause or permit the use, handling, loading, unloading, storing, depositing, or scattering of any substance or material that may become airborne or be scattered by the wind without taking reasonable precautions to minimize windborne particulate matter.
(b) Material storage: No person shall operate or maintain, or cause to be operated or maintained, any building, structure, premises, open area, right-of-way or enterprise which contains, uses or involves any substance or material that may become airborne or be scattered by the wind without taking reasonable precautions to minimize windborne particulate matter.
(c) Material piles: Owners and operators of, and general contractors and subcontractors working at, sites with material piles shall employ dust control measures to ensure that no visible dust or dirt from material piles migrates off the site. Work with material piles shall be suspended as necessary during high winds (in excess of 15 miles per hour) unless alternate measures are implemented to effectively control dust.
(d) Track out onto the public way: Owners and operators of, and any general contractor or subcontractor working at, any property shall ensure that mud, dirt, and other debris is not tracked onto the public way. The Commissioner or the Commissioner of the Department of Streets and Sanitation may require property owners, operators, general contractors and subcontractors to employ a street sweeper, water truck, truck wash, or other device to control the track out of mud, dust, and debris onto the public way.
(e) Rules and regulations. The commissioner is authorized to promulgate additional rules and regulations for the proper management of any substance or material that may become airborne or be scattered by the wind.
(f) Enforcement. The department of health and the department of streets and sanitation are authorized to enforce the provisions of this section.
(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-21-17, p. 61755, Art. IV, § 3)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-760, which pertained to smoke and gases from internal combustion engines of vehicles.
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