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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 J. 10-7-09, p. 73413, § 1, repealed former § 11-4-750, which pertained to dilution or concealment of emissions.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.
(1) As used in this section:
(a) "Construction and demolition debris" or "debris" has the meaning ascribed to the former term in Section 11-4-120 of this Code.
(b) "Construction site" means any or all portion of the real property that is identified as the location of any excavation or of the erection, enlargement, alteration, repair, removal or demolition of any building, structure or structural part thereof within the City and that requires a permit under Chapter 14A-4 of this Code. However, for purposes of this section, "construction site" does not include a project location where all construction and/or demolition activity, including the staging of construction materials and storing of debris, is conducted within a completely enclosed structure; nor does it include any project location on any property that is, or hereafter becomes, part of Chicago-O'Hare International Airport or Chicago Midway Airport. During the term of any concession and lease agreement between the City of Chicago and a private operator with respect to Chicago Midway Airport, the words "or Chicago Midway Airport" shall be deleted from this paragraph (1)(b).
(c) “Contractor” means the general contractor or other person generally responsible for the construction site and shall also include a subcontractor with respect to a violation of this section that is directly attributable to the subcontractor.
(d) "Litter" has the meaning ascribed to the term in Section 7-28-200 of this Code.
(2) All construction sites shall be governed by the following standards:
(a) The contractor shall employ adequate wetting or other abatement measures to prevent the off-site dispersion of dust and debris from a construction site.
(b) All construction sites shall be enclosed and secured by a continuous chain link fence at least six feet in height which shall be anchored in a manner sufficient to resist wind loads of 30 pounds per square foot without deflection of more than three inches between the top and bottom of the fence. The contractor may allow one gate to remain open while construction workers are performing construction activities on the construction site. The gate shall be no larger than is reasonably necessary to provide for truck access.
(c) Mesh Fabric shall be affixed to the construction site fence face.
(i) The mesh fabric shall allow the passage of air but shall contain dust and dirt.
(ii) Such mesh fabric shall be the full height of the fence and cover the entire length of the fence including any gated openings.
(iii) The mesh fabric and fence shall not display any advertisements or graffiti.
(d) The construction site fence shall be placed at the perimeter of the property or, for work in an area substantially smaller than the entire property, around the site of construction large enough to ensure sufficient room for movement of tools and workers, storage of waste receptacles and other items, and the safety of the public.
(e) The contractor shall immediately repair any damage to the construction site fence or mesh fabric and maintain the integrity and continuity of the fence for the duration of the project.
(f) All dumpsters and debris collection devices shall be stored behind the construction site fence unless specifically permitted for public way use, and shall be regularly serviced to avoid allowing the contents to extend above the top of the dumpster.
(g) All construction and demolition debris shall be removed through dust-tight chutes or by lowering it in buckets or containers, and no debris shall be dropped or thrown from any floor.
(h) Construction and demolition debris shall be separated from any garbage, litter or landscape wastes that shall be separately contained.
(i) Sealed trash containers for litter and garbage shall be provided throughout the site, with at least one container provided for every floor or 4,000 square feet of area, whichever is less. All litter and garbage shall be removed daily or more frequently as needed.
(j) Construction materials and construction and demolition debris shall be gathered daily and stored in a neat and orderly manner.
(k) The contractor shall take all necessary steps to ensure that dirt and debris from the construction site is not transmitted by vehicles leaving the site to the public way. Mitigation measures shall include, but are not limited to, stoning or paving of haul roads, wheel wash stations and street sweepers.
(l) For construction sites that are buildings or structures having four or more floors, the contractor shall enclose with mesh fabric the floor areas where the contractor is conducting construction activities, such as erecting, enlarging, altering, repairing, removing or demolishing on that floor.
(i) The mesh fabric shall allow the passage of air but shall contain dust and debris on the enclosed floors.
(ii) Fabric enclosures shall be adequately secured.
(iii) The mesh fabric shall be installed around the entire floor.
(iv) The mesh fabric shall not display any advertisements or graffiti.
(m) For tuck pointing operations, the area of grinding shall be enclosed to contain dust and debris from grinding operations.
(n) Where materials are stored for use on floors above grade, they shall be secured to prevent movement due to weather conditions or other phenomena.
(3) Any person who violates this section shall be fined not less than $750.00 nor more than $1,000.00 for each offense. Any owner, developer or contractor who is responsible for any construction site at which operations are conducted in violation of this section shall be liable for the penalties provided by this section, and shall be jointly and severally liable for such penalties with any subcontractor to which a violation is directly attributable. The Department of Health and the Department of Streets and Sanitation shall each have the power to enforce this section.
(4) In addition to any other available penalties and remedies provided for in the Code, one or more citations for any violation of subsection (2) above on each of three or more separate days within a three-month period at the same construction site may result in a stop work order issued by the Department of Health or the Department of Streets and Sanitation, directing that all activity cease for ten days. Any further citation for violation at the same construction site within six months after the initial stop work order may result in the issuance of another 10-day stop work order. The issuing department shall lift a 10-day stop work order only if sufficient evidence of compliance with this chapter is provided to the department.
(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 shall be fined $5,000.00.
(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 shall be fined not less than $200.00 nor more than $500.00.
(Added Coun. J. 10-27-21, p. 40504, Art. II, § 6; Amend Coun. J. 11-15-23, p. 6542, Art. V, § 7)
The commissioner shall have jurisdiction and authority over the sources of any matter, material or substance likely to be scattered by the wind or susceptible to becoming airborne or a contributing factor to air pollution and shall have authority to 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 any person who caused the windborne nuisance, and to instigate prosecutions for violations of any provision of this chapter or any other chapter of this Code relating to the eradication or control of matter susceptible to being windborne. For the purpose of minimizing air pollution, the commissioner may prescribe, by rules and regulation, reasonable, specific operating and maintenance practices for buildings, structures, premises, open areas, automobiles and/or truck parking and sales lots, private roadways, rights-of-way, storage piles of materials, yards, vessels, vehicles, construction, sandblasting, alteration, building, demolition or wrecking operations and any other enterprise which has or involves any matter, material or substance susceptible to being windborne and for the handling, transportation, disposition or other operation with respect to any material subject to being windborne.
(Added Coun. J. 10-7-09, p. 73413, § 1)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-770, which pertained to handling of material susceptible to becoming windborne.
(a) It shall be unlawful to burn refuse, garbage or other debris in any boiler or any unit which has not been specifically designed for that purpose and for which an effective certificate of operation has not been issued.
(b) It shall be unlawful to install or replace a municipal waste incinerator in the City of Chicago and the burning of municipal waste in any incinerator shall be strictly prohibited except when required by state or federal law; provided, however, the prohibition in this section shall not apply to facilities that convert waste to fuel, steam, electricity, energy, or other resources in a properly-permitted facility.
(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 § 11-4-780, which pertained to storage of materials susceptible to becoming windborne.
Part D. Enforcement and Penalties (11-4-790 et seq.)
(a) Testing by the commissioner. If the commissioner has evidence of a violation of any emission limitation contained in or incorporated by reference in this article, the commissioner may conduct, or cause to be conducted, any test on any regulated equipment or area, with a potential to emit air pollution, to determine the extent of actual or potential emissions from such regulated equipment or area. The owner or operator of a regulated equipment or area shall enable the commissioner to take all such tests. This may include, but is not limited to, providing the commissioner with any necessary (i) access to, and into, all parts and elements of the regulated equipment or area, such as ducts, vents or machine parts; and (ii) assistance in gaining access to any part or element of the regulated equipment or area, including, but not limited to, providing ladders, scaffolding or platforms.
Any test to be conducted on the premises where such regulated equipment or area is located shall be made during reasonable hours, after written notice to, and with the cooperation of, the owner or operator of the regulated equipment or area. Test ports are required on all process equipment and incinerators.
(b) Stack testing. If the commissioner has evidence of a violation of any emission limitation contained in or incorporated by reference in this article, the commissioner may request any owner or operator to whom a certificate of operation has been issued to perform a stack test at no cost to the city to demonstrate compliance with all applicable environmental regulations.
The owner or operator of any regulated equipment or area shall provide, upon request by the department and without charge to the city, necessary holes in stacks, ducts and other safe and proper testing facilities, including scaffolding, but excluding instruments and sensing devices as may be necessary for the conduct of a stack test.
(c) Costs of testing by the commissioner. If tests conducted at the direction of the commissioner pursuant to this section confirm that emissions from a regulated equipment or area are in violation of this article, the cost of the tests and associated calculations shall be paid by the owner, operator or permittee of the subject regulated equipment or area. The costs of the test shall be a debt owing the city. This debt shall be collectible in the same manner as any other personal liability.
(d) Testing and reporting required by owner or operator. If the commissioner has evidence of a violation of any emission limitation contained in or incorporated by reference in this article, the commissioner may require that the owner or operator or other person responsible for a regulated equipment or area in the city to conduct or cause to be conducted any monitoring of, and tests on, any regulated equipment or area as is necessary to determine the extent of actual or potential emissions from such regulated equipment or area. The commissioner may require any owner or operator of a regulated equipment or area to provide all journals, logs, reports, summaries, evaluations and other information as is necessary to determine the extent of actual or potential emissions from such regulated equipment or area.
(e) Inspections. The commissioner, or any person acting on behalf of the commissioner, may enter and inspect any structure, establishment, premises or other place for the purpose of enforcing and administering this article or any order, regulation or rule issued pursuant to this article.
(f) Denial of inspection access. If any person in any way denies, obstructs or hampers any entrance or refuses to provide requested information during inspection by the commissioner, the commissioner may withhold or revoke the air pollution control permit and/or certificate of operation for the subject regulated equipment or area owned or operated by the person denying, obstructing or hampering such entrance or inspection.
(Added Coun. J. 10-7-09, p. 73413, § 1)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-790, which pertained to jurisdiction and authority of the Commissioner.
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