11-4-2420 Reserved.

Editor's note – Coun. J. 4-9-08, p. 24657, § 2, repealed § 11-4-2420, which pertained to inspection of junk facilities by the commissioner of the environment.

11-4-2430 Reserved.

Editor's note – Coun. J. 4-9-08, p. 24657, § 2, repealed § 11-4-2430, which pertained to the violation of and penalty for junk facility provisions.

ARTICLE XX. RECYCLING FACILITY AND URBAN FARM ACCESSORY COMPOSTING PERMITS* (11-4-2510 et seq.)

* Editor's note – Coun. J. 10-7-98, p. 78812, renumbered the provisions of former Ch. 4-252 as Art. XVIII. In order to accommodate previous amendments to other provisions in Ch. 11-4, these provisions have been renumbered as Art. XX at the discretion of the editor.

11-4-2510 Definitions.

   For the purposes of this article, the following words and phrases shall have the meaning ascribed to them by this section:

   Buy-back center means any recycling facility which purchases recyclable materials.

   C.F.R. means the Code of Federal Regulations.

   Commissioner means the Commissioner of Health of the City of Chicago.

   Composting means a controlled process which transforms organic waste and/or livestock waste into products useful as soil amendments. Composting shall include windrow composting, in-vessel aerobic composting and anaerobic digestion composting technologies.

   Composting facility means any building, portion of a building or area in which organic waste and/or livestock waste is collected, stored, or processed.

   Department means the Department of Health.

   Drop-off center means any recycling facility that accepts without charge or payment recyclable materials.

   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, as amended.

   Illinois Environmental Protection Act means the Environmental Protection Act, as amended, codified at 415 ILCS 5/1, et seq.

   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).

   Livestock waste means excreta from animals used for food, fiber or labor, associated feed losses, and bedding.

   Organic waste means food scrap, landscape waste, uncontaminated wood waste or other non-hazardous carbonaceous waste, such as paper, corrugated paper or cardboard, that is collected and processed separately from the rest of the municipal waste stream.

   Owner or operator means any person who has legal title to any premises, who has charge, care or control of any premises, who is in possession of the premises or any part thereof, or who is entitled to control or direct the management of the premises.

   Processing means manual, mechanical or automated separation of recyclable material from other materials; separation of recyclable materials from each other; cleaning, bundling, compacting, cutting, packing of recyclable material or such other processing of recyclable materials as approved by the commissioner.

   Recyclable material shall be categorized as Type A, Type B, Type C or Type D recyclable material and shall have the meaning ascribed to each such type, as follows:

      "Type A recyclable material(s)" means any aluminum or ferrous or non-ferrous scrap metal; bi-metal or tin cans; glass products; paper products; rubber; textiles; plastic products, such as polyethelene terephthalate, high density polyethylene, low density polyethylene, polystyrene or polypropolene; and any other material designated as Type A recyclable material by the commissioner in duly promulgated rules and regulations.

      "Type B recyclable material(s)" means organic waste, and any other material designated as Type B recyclable material by the commissioner in duly promulgated rules and regulations.

      "Type C recyclable material(s)" means used motor vehicles or motor vehicle parts, and any other material designated as Type C recyclable material by the commissioner in duly promulgated rules and regulations.

      "Type D recyclable material(s)" means construction and demolition debris that does not contain lead, asbestos or any other hazardous material in such a way as to render recycling of such material illegal or impossible and that has been rendered reusable and is reused, or that would otherwise be disposed of or discarded but is collected or separated and returned to the economic mainstream in the form of raw materials or product, and any other material designated as Type D recyclable material by the commissioner in duly promulgated rules and regulations.

   Recycling facility shall have the meaning ascribed to that term in Section 11-4-120. For classes of recycling facilities, see Section 11-4-2540.

   Scrap metal means used or discarded articles made of metal and parts thereof.

   Source separation means the manual separation by the generator of recyclable materials according to type of material.

   Uncontaminated wood waste means untreated, unpainted and unvarnished wood.

   Urban farm means a farm that meets the description and requirements in Sections 17-9-0103.3 and 17-17-0104-H of this Code.

   Vector means any living agent, other than human, capable of transmitting, directly or indirectly, an infectious disease.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 6-9-10, p. 93530, § 1; Amend Coun. J. 2-9-11, p. 112149, § 14; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 5-9-12, p. 27485, § 167; Amend Coun. J. 10-16-13, p. 61664, § 1; Amend Coun. J. 7-29-15, p. 4110, § 3; Amend Coun. J. 11-21-17, p. 61755, Art. IV, § 5; Amend Coun. J. 10-27-21, p. 39543, Art. VI, § 2)

11-4-2520 Permit – Required.

   No person shall engage in the business of operating a recycling facility in the City of Chicago without having first obtained a written recycling facility permit from the Commissioner. Recycling facilities requiring a permit under this section shall comply with this article, the rules promulgated hereunder, the permit and its conditions and any other applicable laws and ordinances. Each permit shall be renewed in accordance with the rules adopted by the Commissioner, but in no case shall the permit be for longer than three years.

   No initial recycling facility permit shall be issued for any class of recycling facility set forth in Section 11-4-2540 unless the activity for which a permit under this section is required is a permitted or special use within the zoning district where such facility will be authorized to operate.

   If a permittee under this section fails to submit in a timely manner the annual recycling report required under Section 11-4-250 or submits an incomplete annual recycling report, such permittee's permit under this section shall not be renewed by the Department of Public Health until such time that the annual recycling report required under Section 11-4-250 is submitted and is complete.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 2-9-11, p. 112149, § 15; Amend Coun. J. 7-20-16, p. 28694, § 5; Amend Coun. J. 10-27-21, p. 39543, Art. VI, § 2)

11-4-2525 Permit issuance prohibited.

   No permit shall be renewed or issued to:

   (a)   any person whose permit issued under this article has been revoked for cause within the past three years;

   (b)   any corporation, general partnership, limited partnership or limited liability company, if any partner, if a general partnership; any general partner, if a limited partnership; any principal officer, if a corporation; any managing member, if a limited liability company; any owner of 25% or more of the applicant; or any other individual required to be identified in the permit application would not be eligible to receive a permit under subsection (a); or

   (c)   any corporation, general partnership, limited partnership or limited liability company, if any partner, if a general partnership; any general partner, if a limited partnership; any principal officer, if a corporation; any managing member, if a limited liability company; any owner of 25% or more of the applicant; or any other individual required to be identified in the permit application was a principal officer, partner, general partner, managing member or owner of 25% or more of any entity whose permit issued under this article has been revoked for cause within the past three years.

(Added Coun. J. 4-9-08, p. 24657, § 6)