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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.
(a) Rules and regulations. The commissioner may issue rules and regulations to implement the provisions of this article.
(b) Abatement orders. Upon finding a violation of Section 11-4-715(a), any emission limitation, performance standard or permit requirement set forth in this chapter or any air pollution control permit or certificate of operation condition imposed by the commissioner pursuant to this article, 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 any person who causes such violation. Such cessation or abatement order may be in addition to the administrative proceedings, fines and penalties herein provided.
(c) Dilution or concealment of emissions prohibited. It shall be unlawful for any person to build, erect, install, use or alter any article, machine, equipment or other contrivance that dilutes, reduces or conceals an emission without reducing the quantity of pollutants released into the atmosphere and which, in its unaltered condition, would constitute a violation of Sections 11-4-700, 11-4-720, or 11-4-730 of this article.
(d) Duty to instruct. Failure of any person as owner or agent, operator, member of any operating crew, engineman, fireman, janitor or a person in any other capacity to comply with any provision of this chapter shall be deemed a violation of this article and shall be subject to the fines and penalties as hereinafter provided. It shall be the duty of owners or agents of any regulated equipment or area to instruct or cause to be instructed, the operators, operating crews, enginemen, firemen, hostlers, janitors or any other person operating such regulated equipment or area about the proper operation of such regulated equipment or area.
(e) Defect notice. The commissioner may issue defect notices to persons operating any regulated equipment or area in violation of any requirement of this chapter or any condition imposed pursuant to the provisions of this article. Nothing in this section shall require the commissioner to issue a defect notice prior to commencing other legal or administrative action except as provided in subsection (b) of this section.
(f) Remedy for injury. Nothing in this chapter shall be construed to impair any cause of action or legal remedy therefore, of any person for injury or damage arising from the discharge, emission or release into the atmosphere from any source whatsoever of such quantities of smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic or radioactive substances, waste, particulate solid, liquid or gaseous matter or any other materials in such place, manner or concentration as to constitute air pollution.
(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 7-28-11, p. 4950, § 1)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-800, which pertained to notification and report of breakdown of equipment.
(a) In addition to any penalty imposed by Section 11-4-800 of this article, and in addition to permanent or temporary injunctive relief that the City may seek in the Circuit Court of Cook County, whenever a facility is in violation of any term or condition of an air pollution control permit, certificate of operation, any section of this article, or any rule promulgated pursuant to this article, the following penalties shall apply:
(1) Any owner or operator of any regulated equipment or area who fails to comply with the requirement to timely submit to the Department a complete self-certification form as required in Section 11-4-690 of this Code, shall be fined not less than $3,500.00 nor more than $5,000.00;
(2) Any owner or operator who violates the terms or conditions of any air pollution control permit or certificate of operation provided in this article or rules promulgated thereunder or imposed by the Commissioner pursuant to Section 11-4-630 or Section 11-4-670 of this Code, shall be fined not less than $3,500.00 nor more than $5,000.00;
(a) $250.00 if the regulated equipment or area is part of a facility that meets the criteria for a Category C certificate of operation;
(b) $1,000.00 if the regulated equipment or area is party of a facility that meets the criteria for a Category B certificate of operation;
(c) $4,500.00 if the regulated equipment or area is part of a facility that meets the criteria for a Category A2 certificate of operation;
(d) $7,500.00 if the regulated equipment or area is part of a facility that meets the criteria for a Category A1 certificate of operation;
(4) Any owner or operator of any regulated equipment or area who fails to post an air pollution control permit as required in subsection (b) of Section 11-4-620 of this Code or a certificate of operation as required in subsection (c) of Section 11-4-660 of this Code shall be fined not less than $350.00 nor more than $500.00;
(5) Any person who violates Section 11-4-780 of this Code shall be fined not less than $5,000.00 nor more than $10,000.00;
(6) Any person who causes or allows air pollution in violation of Section 11-4-730 of this Code or, any person who violates the substantive emission standards provided in Part C of this article or any rule promulgated thereunder, or the emissions limitations set forth in Section 11-4-990, shall be fined not less than $1,000.00 nor more than $5,000.00, provided, however, that if the violation occurs at a facility that meets the criteria for a Category A1 or Category A2 Certificate of Operation under Section 11-4-680, or is associated with a demolition of one or more non-residential large structures, then the person shall be fined not less than $5,000.00 nor more than $10,000.00 for a first offense, not less than $10,000.00 nor more than $15,000.00 for a second offense occurring within two years, and not less than $15,000.00 nor more than $20,000.00 for any subsequent offense occurring within two years of two previous offenses. If a violation results in injury or death, or is a result of willful and wanton conduct, the fine may be increased to up to $50,000.00 for any offense;
(7) Any person who violates any of the provisions of this article or any rule promulgated thereunder, unless a different fine is imposed pursuant to this section, shall be fined not less than $1,000.00 nor more than $5,000.00, provided, however, that if the violation occurs at a facility that meets the criteria for a Category A1 or Category A2 Certificate of Operation under Section 11-4-680, or is associated with a demolition of one or more non-residential large structures as defined in Section 11-4-120 of this Code, then the person shall be fined not less than $5,000.00 nor more than $10,000.00 for a first offense, not less than $10,000.00 nor more than $15,000.00 for a second offense occurring within two years, and not less than $15,000.00 nor more than $20,000.00 for any subsequent offense occurring within two years of two previous offenses. If a violation results in injury or death, or is a result of willful and wanton conduct, the fine may be increased to up to $50,000.00 for any offense;
(8) Any person who violates subsection (a) of Section 11-4-715 of this Code shall be fined not less than $5,000.00 nor more than $10,000.00 for each violation. For a violation of an applicable ambient air quality standard, a violation may be found for each three month period of nonattainment or non-maintenance, or such other time period as determined in accordance with 40 C.F.R. Part 50, Appendix R, as amended; and
(9) Any person who fails to submit a required quarterly emissions report under subsection (c) of Section 11-4-715 of this Code shall be fined not less than $200.00 nor more than $500.00 for each day after the due date that a complete quarterly emissions report has not been submitted to the department.
(b) Each day of any violation of the provisions of this article shall constitute a separate and distinct offense, and for each such violation the fines imposed in subsection (a) above shall be assessed per day.
(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 7-28-11, p. 4950, § 1; Amend Coun. J. 4-18-12, p. 23675, § 1; Amend Coun. J. 1-27-21, p. 26652, § 2; Amend Coun. J. 10-27-21, p. 40504, Art. II, § 7; Amend Coun. J. 11-15-23, p. 6542, Art. V, § 8)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-810, which prohibited municipal waste-burning equipment and municipal waste-burning.
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