Municipal Code of Chicago § 11-4-1490 Definitions.
11-4-1490 Definitions.
Definitions relating to Article IX will be found in Article I, Section 11-4-120.
(Prior code § 17-6.1)
SOLID AND LIQUID WASTE CONTROL (11-4-1490 et seq.)
Municipal Code of Chicago tit. 11, ch. 11-4, art. IX
in effectMunicipal Code of Chicago § 11-4-1500 Treatment and disposal of solid or liquid waste.
11-4-1500 Treatment and disposal of solid or liquid waste.
(a) No solid or liquid waste shall be treated or disposed of within the City of Chicago except in accordance with this chapter. Wastes shall be treated or disposed of in the following manner:
(1) An incinerator or resource recovery facility which meets the air quality standards, operating standards and monitoring requirements established by this chapter may treat municipal waste; provided however, incinerators and resource recovery facilities designed to dispose of or treat special waste or hazardous waste shall operate in conformance with the Federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq., and the Illinois Environmental Protection Act, 415 ILCS 5/1, et seq.
(2) A liquid waste handling facility which meets the operating standards established by this chapter may dispose of or treat nonnuclear liquid waste; provided, however, liquid waste handling facilities designed to dispose of or treat special or hazardous liquid waste shall operate in conformance with the Illinois Environmental Protection Act, 415 ILCS 5/1, et seq., and applicable federal law and regulations.
(3) A recycling facility may handle any recyclable materials as defined in this chapter.
(4) A sanitary landfill may dispose of or treat municipal waste, or any other waste permitted in a sanitary landfill under the Illinois Environmental Protection Act, 415 ILCS 5/1, et seq. No hazardous waste or radioactive waste may be disposed of in a sanitary landfill within the corporate limits of the City of Chicago.
(5) A transfer station may accept waste for sorting and/or consolidation and for further transfer to a waste disposal, treatment, or handling facility.
(b) No persons shall (1) cause or allow the open dumping of any waste, (2) abandon or dispose of any waste upon public property, except in a sanitary landfill approved by the Illinois Environmental Protection Agency and the Commissioner, (3) dispose, treat, abandon or transport any waste, except at a site or facility which meets the requirements of the Illinois Environmental Protection Act and which is permitted pursuant to this chapter.
(c) Disposal or treatment of any waste without a permit is hereby declared to be a nuisance.
(Prior code § 17-6.2; Added Coun. J. 3-8-89, p. 25433; Amend Coun. J. 1-12-95, p. 65073; Amend Coun. J. 10-11-17, p. 56894, § 2)
Municipal Code of Chicago § 11-4-1520 Permit - Application.
11-4-1520 Permit - Application.
(A) Application for a permit to operate an incinerator, liquid waste handling facility, resource recovery facility, sanitary landfill or transfer station, or any other facility which disposes, handles or treats waste shall demonstrate that the facility is designed, located and will be operated to protect the health, safety and welfare of the public, and shall be accompanied by the following:
(1) written consent of the owner of the property or his authorized agent;
(2) evidence of payment of real property taxes or evidence of exemption;
(3) evidence that the facility is located in a district for which a variation in the nature of a special use may be obtained from the zoning board of appeals pursuant to the Chicago Zoning Ordinance, Title 17;
(4) plot plan indicating the property boundaries; locations of buildings and ancillary structures; roads; boundaries of waste disposal, handling and storage areas; fences or other access control devices; location of fire protection facilities; and any other facilities/structures planned for site;
(5) general layout of the facility and equipment including plans, descriptions and specifications necessary to describe the physical operating characteristics of the facility;
(6) plat of survey prepared by a professional land surveyor registered by the State of Illinois;
(7) legal description of the property boundary and limits of waste disposal, handling and storage areas prepared by a professional land surveyor registered by the State of Illinois;
(8) location and available capacity of utilities and calculations of the facility's utility needs;
(9) type of waste handled, disposed of or treated;
(10) estimated quantity of each waste type received, treated and disposed of per day;
(11) water pumping equipment, including descriptions of specifications, pumping capacity, back- up capacity and location within the facility;
(12) fire prevention measures, including a comprehensive fire prevention and response plan;
(13) security equipment, including measures to restrict all unauthorized access to the site;
(14) emergency procedures in event of equipment failure and a demonstration that sufficient back-up and emergency operating capacity exists to adequately process one (1) day's waste flow into the facility;
(15) emergency communication system;
(16) first aid equipment;
(17) drawings and specifications for all structures and fixed equipment including all drawings, specifications, analysis and calculations demonstrating that the facility can be operated as proposed and in a safe manner;
(18) device, apparatus or process used in the facility, including a waste flow diagram and a demonstration that all equipment, processes and staffing are capable of safely handling the intended quantities of waste at all points in the facility;
(19) storage capacity, including detailed calculations of the total disposal capacity and the storage capacity of any storage area or tipping floor;
(20) water drainage, including a demonstration that adequate systems exist to handle stormwater and wastewater flows generated at the site;
(21) means of vehicle access to and egress from the facility, including a description of points of ingress and egress from the facility for all vehicles, a designation of roads to be used by traffic generated by the facility, and a demonstration that the impact of the site-generated traffic on existing traffic flows will be minimized;
(22) parking facilities, including a demonstration that adequate on-site parking exists for all vehicles entering the site;
(23) employee facilities;
(24) rodent control, including a plan which provides for regular inspection, prevention and elimination of rodents;
(25) method of screening or fencing the facility from surrounding area, including a demonstration that the method of screening or fencing will adequately control noise, dust, blowing litter and will limit access to authorized persons;
(26) method for treatment of odors, including a plan which provides for the prevention of odors and the prompt elimination of odors that do occur;
(27) closure plan, including a decommissioning plan to be implemented upon closure of the facility, calculation of closure costs and demonstration that financing for closure is available;
(28) proposed buffer zone including a description of the extent and effectiveness of such zones;
(29) environment assessment as provided in the Chicago Zoning Ordinance, Title 17;
(30) any other information relating to operations, safety, facility design, and environmental impacts deemed necessary by the commissioner to ensure that the facility can operate as proposed and that it can operate in compliance with the provisions of this Code and all other applicable local, state and federal laws and regulations.
(B) An application for a permit for a liquid waste handling facility shall be accompanied by the information required in section 11-4-1520(A), and, in addition, the following:
(1) monitoring well locations, including a demonstration that the monitoring wells are located and constructed so that contamination of groundwater can be detected prior to leaving the site;
(2) a plan for monitoring of constituents released from the facility, including maximum concentrations of constituents and frequency of monitoring; as well as a demonstration that the monitoring parameters are capable of detecting a release from the facility and a description of the statistical basis for the selected monitoring parameters;
(3) soil composition, including a hydroecological investigation of the site and the surrounding area;
(4) a description of all safety equipment and spill response procedures;
(5) plans for safety dikes, including a demonstration that sufficient secondary containment facilities exist for all lagoons, impoundments and tanks;
(6) composition and method of construction of pit liners, including a construction quality assurance plan that will provide sufficient data to demonstrate that the liner will prevent contamination of the surrounding environment.
(C) An application for a permit for a sanitary landfill shall be accompanied by the information required in Section 11-4-1520(A) and, in addition, the following:
(1) monitoring well locations, including a demonstration that the monitoring wells are located and constructed such that contamination of groundwater can be detected prior to leaving the site;
(2) a plan for monitoring of constituents released from the landfill, including maximum concentrations of constituents and frequency of monitoring; as well as a demonstration that the monitoring parameters are capable of detecting a release from the facility and a description of the statistical basis for the selected monitoring parameters;
(3) soil composition, including a hydrogeological investigation of the site and the surrounding area;
(4) composition and method of construction of pit liners, including a construction quality assurance plan that will provide sufficient data to demonstrate that the liner will prevent contamination of the surrounding environment;
(5) type of cover, including the source, composition, and quantities available for daily, intermediate and final cover;
(6) fill direction, including a phasing plan and schedule for construction and waste disposal activities throughout the life of the facility;
(7) proposed grade of the landfill, including a topographic map of the final grades and a demonstration that the final grades of the landfill will have stable slopes and will prevent erosion of the final cover;
(8) leachate collection method and procedure, including a demonstration that the leachate collection system is capable of maintaining a maximum leachate head on the liner of one foot throughout the entire landfill and a plan for the storage and treatment of the leachate;
(9) methane recovery systems, including a demonstration that the system is capable of preventing the migration of methane to surrounding properties or to the atmosphere, and that the system is capable of collecting, storing and utilizing methane emissions in an environmentally sound manner;
(10) method of erosion control, including a demonstration that such methods are effective in preventing erosion at the site;
(11) closure plan, including a closure and long-term care plan which demonstrates that the facility will not contaminate the surrounding soil, air, and water and will not threaten public health and safety; a calculation of closure costs; and a demonstration that financing for closure of the site is available.
(D) An application for a permit for a transfer station shall be accompanied by the information required in Section 11-4-1520(A) and, in addition, the following:
(1) type of vehicles used;
(2) name and location of all solid waste disposal facilities to which waste from the station will be hauled, including the proposed routes and travel times to the solid waste disposal facility;
(3) method of volume reduction utilized, including specifications and operating procedures for any equipment used for volume reduction;
(4) method of curtailing windblown materials;
(5) daily cleanup procedures, including a plan for the facility which will minimize odors, bacteria, disease-bearing animals or insects and rodents;
(6) a plan that demonstrates that all waste will be removed from the facility at the end of each operating day.
(E) An application for a permit for an incinerator or resource recovery facility shall be accompanied by the information required in Section 11-4-1520(A) and, in addition, the following:
(1) air pollution control devices or measures;
(2) method of ash disposal;
(3) location of site for ash disposal;
(4) front end recycling plans for feasible and optimal recovery of materials.
(F) Prior to February 1, 2025, notwithstanding any provisions of this chapter: (1) no permit shall be issued nor modification of any permit allowed for the expansion of any existing sanitary landfill or liquid waste handling facility which utilizes deep well injection or landfill as a means of waste disposal, and (2) no permit shall be issued for the creation or operation of a new sanitary landfill site or liquid waste handling facility which utilizes deep well injection or landfill as a means of waste disposal. The commissioner shall not issue or modify any permit subject to the restrictions in Section 11-4-1520(F) to any person including any applicant whose application was pending prior to the passage of the ordinance.
(G) The commissioner shall render a decision concerning an application for a facility which handles, treats or disposes of waste pursuant to Sections 11-4-250, 11-4-1500 and 11-4-1520 within 180 days after a complete application, permit fee and security required by Section 11-4-370 have been filed with the commissioner's office, unless the commissioner makes a determination that additional information or additional time is needed to review the application. Provided, however, that the commissioner may not take more than 90 additional days to render a decision. Additional information that the commissioner may request includes, but is not limited to: technical and design documents; procedural plans; environmental assessments; information which relates to operations, safety, facility design and environmental impacts; and information which the commissioner deems necessary to ensure that the facility can operate as proposed and in compliance with the provisions of this code and all other applicable local, state and federal laws.
(Prior code § 17-6.4; Added Coun. J. 3-8-89, p. 25433; Amend Coun. J. 7-12-90, p. 18326; Amend Coun. J. 1-4-92, p. 11801; Amend Coun. J. 2-9-94, p. 45184; Amend Coun. J. 8-3-94, p. 55153; Amend Coun. J. 1-12-95, p. 65073; Amend Coun. J. 1-10-96, p. 14653; Amend Coun. J. 1-14-97, p. 37535; Amend Coun. J. 1-14-98, p. 59873; Amend Coun. J. 9-1-99, p. 10090, § 4; Amend Coun. J. 1-12-00, p. 23755, § 1; Amend Coun. J. 1-16-02, p. 77349, § 1; Amend Coun. J. 1-16-03, p. 101865, § 1; Amend Coun. J. 12-15-04, p. 40007, § 1; Amend Coun. J. 6-8-05, p. 49892, § 1)
Municipal Code of Chicago § 11-4-1525 Permit - Conditions of issuance.
11-4-1525 Permit - Conditions of issuance.
The commissioner shall not grant a new permit or renew an existing permit for any incinerator, liquid waste handling facility, resource recovery facility, sanitary landfill, or transfer station or any facility that disposes, handles or treats any waste in the City of Chicago, unless each of the following conditions has been met:
(1) The application meets all applicable requirements of this Code;
(2) The application demonstrates that the facility is designed, located and capable of operating in a manner consistent with the health, safety and welfare of the public;
(3) The application demonstrates that the facility will be in compliance with all applicable local, state and federal laws:
(4) The applicant has paid all fees required by the Municipal Code of Chicago;
(5) The applicant has filed the security required by Section 11-4-370;
(6) The application demonstrates that the facility complies with the City of Chicago Solid Waste Management Plan, as amended.
(Added Coun. J. 1-12-95, p. 65073; Amend Coun. J. 9-1-99, p. 10090, § 5; Amend Coun. J. 2-9-11, p. 112149, § 5)
Municipal Code of Chicago § 11-4-1527 Permit fees.
11-4-1527 Permit fees.
(a) The permit fees to operate a sanitary landfill, resource recovery facility, solid waste incinerator, liquid waste handling facility, transfer station or waste handling facility shall be as follows:
Annual sanitary landfill fees:
25-acre tract or less | $10,000.00
More than 25 acres but less than 50 acres | $20,000.00
50 acres or more but less than 75 acres | $30,000.00
75 acres or over | $40,000.00
Annual resource recovery facility or solid waste incinerator fees:
Design capacity of 250 tons per day or less | $5,000.00
Design capacity of more than 250 tons per day but less than 750 tons per day | $10,000.00
Design capacity of more than 750 tons per day but less than 1,250 tons per day | $20,000.00
Design capacity of more than 1,250 tons per day | $25,000.00
Annual liquid waste handling facility fees:
New or existing facility | $15,000.00
Quarterly transfer station or waste handling facility fees:
New or existing facility | $0.22 per ton of waste receive
(b) The City of Chicago shall be exempt from the payment of any fee required under this section.
(c) Every operator of a transfer station or waste handling facility shall remit the required permit fees to the department with the remittance return form prescribed by the commissioner. On or before the last day of each quarterly period, the operator must file the remittance return form and remit the fee attributable to the amount of waste received less any waste removed from the waste stream and properly recycled.
(d) The commissioner shall have the authority to promulgate rules for the collection of the fees required to be paid by this section.
(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 2-9-11, p. 112149, § 6; Amend Coun. J. 11-21-17, p. 61858, Art. VII, § 1)
Municipal Code of Chicago § 11-4-1530 Compliance with rules and regulations required.
11-4-1530 Compliance with rules and regulations required.
All sanitary landfills, incinerators, resource recovery facilities, transfer stations, recycling facilities, and facilities that dispose, handle or treat any waste located within the city shall operate in compliance with the Federal Resource Conservation and Recovery Act of 1976, P.L. 94-580, as amended; the Illinois Environmental Protection Act, P.A. 76-2429, as amended and all other applicable federal, state and local laws and regulations.
(Prior code § 17-6.5; Added Coun. J. 3-8-89, p. 25433; Amend Coun. J. 1-12-95, p. 65073)
Municipal Code of Chicago § 11-4-1540 Reports.
11-4-1540 Reports.
Owners or operators of sanitary landfills, incinerators, resource recovery facilities, or liquid waste handling facilities in the City of Chicago who are required to file with the Illinois Environmental Protection Agency or the Illinois Pollution Control Board any report or plan pursuant to regulation of that authority shall maintain a copy of each report or plan so filed on the premises within the corporate limits of the City. Said reports or plans shall be available to the Commissioner or the Commissioner’s authorized agent for inspection at all times during normal business hours and upon reasonable notice at other times to ensure compliance with this chapter. Owners or operators of sanitary landfills, resource recovery facilities, liquid waste handling facilities, transfer station facilities, and incinerators shall also report monthly, on forms provided by the Commissioner, the total volume in cubic yards of incoming and outgoing waste materials.
(Prior code § 17-6.6; Added Coun. J. 3-8-89, p. 25433; Amend Coun. J. 11-26-19, p. 11390, Art. X, § 3)
Municipal Code of Chicago § 11-4-1550 Operational requirements.
11-4-1550 Operational requirements.
Sanitary landfills permitted under this chapter shall comply with the following requirements:
(A) Drainage. Sanitary landfills shall be designed and operated to insure proper drainage, to minimize flooding or standing water and to prevent runoff onto adjacent property and run-on onto the facility.
(B) Fill. All solid or liquid waste which is disposed of in a sanitary landfill shall be compacted in layers. The layers of compacted material shall not exceed eight feet in height for each lift. Where the trench system of sanitary landfill is used, successive parallel trenches shall be at least 20 feet apart.
(C) Cover. All solid or liquid waste disposed of in a sanitary landfill shall be covered by at least six inches of cover daily or more frequently as specified in the permit. Landfilled materials shall be leveled and spread at sufficient intervals to prevent unsightly appearance or rodent harborage and shall have a final cover compacted to a depth of not less than 24 inches upon closure.
(D) Grade. The final grade of each sanitary landfill shall be determined by the commissioner, and each permit for a sanitary landfill issued under this chapter shall specify the grade to which the disposal of waste is authorized.
(E) Erosion Control. Erosion control measures shall be implemented once the height of a sanitary landfill reaches ten feet above Chicago City Datum.
(F) Monitoring. Groundwater monitoring wells, at least two of which shall be located upgrade from the facility and four of which shall be located downgrade from the facility, shall be sampled quarterly. All samples shall be analyzed and shall be consistent with regulations issued under the Illinois Environmental Protection Act, P. A. 76-2429. The results of such sampling and analyses shall be sent to the commissioner no later than 45 days after sampling.
(G) Liners. Each trench or the entire landfill, if the trench system is not used, shall have a liner installed prior to commencement of operation in order to minimize the potential for migration of leachate from the site.
(H) Leachate Collection. A leachate collection system shall also be installed prior to commencement of operation. The leachate shall be analyzed by the owner or operator two times per year, and the analyses submitted to the commissioner. Such analyses shall test for all conventional and toxic pollutants designated by the United States Environmental Protection Agency under the Federal Clear Water Act.
(Prior code § 17-6.7; Added Coun. J. 3-8-89, p. 25433)
Municipal Code of Chicago § 11-4-1560 Screening requirements.
11-4-1560 Screening requirements.
All Class III recycling facilities, sanitary landfills, incinerators, resource recovery facilities and liquid waste handling facilities, and transfer stations shall be visually screened from view and shall have buffer zones, as provided in the Chicago Zoning Ordinance, Title 17.
(Prior code § 17-6.8; Added Coun. J. 3-8-89, p. 25433; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
Municipal Code of Chicago § 11-4-1570 Compliance with other code provisions required.
11-4-1570 Compliance with other code provisions required.
Nothing in this chapter shall be construed to relieve any person receiving a permit hereunder from compliance with any other provisions of the Municipal Code.
(Prior code § 17-6.9; Added Coun. J. 3-8-89, p. 25433)
Municipal Code of Chicago § 11-4-1580 Inspections - Jurisdiction.
11-4-1580 Inspections - Jurisdiction.
Inspections of liquid waste handling facilities, recycling facilities, incinerators, resource recovery facilities, sanitary landfills, and transfer stations shall be under the jurisdiction of the commissioner.
(Prior code § 17-6.10; Amend Coun. J. 3-8-89, p. 25433)
Municipal Code of Chicago § 11-4-1585 Person responsible for waste removal.
11-4-1585 Person responsible for waste removal.
(a) Any owner, occupant, agent, or person in possession or control of any residence or business or lot or unimproved parcel of real estate shall remove or cause to be removed any waste located on any such residence or place of business or lot or real estate, or any portion thereof. Any unremoved waste is hereby declared to be a public nuisance. Any owner or other person found in violation of this section shall be punished by a penalty of not less than $750.00 and not more than $5,000.00 for each offense and each day that such a violation continues shall constitute a separate and distinct offense. This section shall not apply to any governmental entity nor to any owner upon whose lot or parcel such material is permitted to accumulate pursuant to a properly issued license or permit in accordance with zoning provisions of this Code governing special uses in general and heavy manufacturing districts. For purposes of this section, an "agent" of any unimproved lot shall include a person who contracts with the federal government or any of its agencies, including without limitation the Department of Housing and Urban Development, to care for vacant residential real estate.
(b) In the event that the Commissioner determines that any activity or condition in violation of the provisions of this section has created, or is creating an imminent and substantial risk to the public health or safety or to the environment, then the Commissioner may issue an emergency abatement order, and may require any residence or business or lot or unimproved parcel of real estate to be immediately closed or secured, or may abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code.
(c) If the Commissioner determines that any person is violating any of the provisions of this section, but such violation has not created, or is not creating an imminent and substantial risk to the public health or safety or to the environment, then the Commissioner may provide such person with a written order to abate the nuisance within a time frame prescribed by the Commissioner. In the event that any such person fails to abate such nuisance in accordance with the Commissioner's order to abate, then the Commissioner may proceed to control, remove, dispose or otherwise abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code.
(d) In addition to any other penalties imposed in this article, the City shall be entitled to recover a penalty in the amount up to three times the cost or expense incurred by the City in abating the nuisance in an appropriate action instituted by the Corporation Counsel or in a proceeding initiated by the Commissioner at the Department of Administrative Hearings.
(Added Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 10-11-17, p. 56894, § 2)
Municipal Code of Chicago § 11-4-1590 Violation of Section 11-4-1530, 11-4-1540, 11-4-1550 or 11-4-1560 - Penalty.
11-4-1590 Violation of Section 11-4-1530, 11-4-1540, 11-4-1550 or 11-4-1560 - Penalty.
(a) Any person who violates Section 11-4-1530, 11-4-1540, 11-4-1550 or 11-4-1560 of this article shall be punished by a penalty of $1,000.00 for the first offense and $2,000.00 for the second and each subsequent offense. Each day that a violation continues shall constitute a separate and distinct offense. In addition to any other penalty imposed under this article, the provisions of Section 11-4-1600(e) shall be applicable.
(b) Any person who disposes of hazardous waste or radioactive waste in violation of this chapter commits an offense that may be punishable as a misdemeanor by incarceration in a penal institution other than a penitentiary for a period not less than 30 days and not more than six months.
(Prior code § 17-6.11; Amend Coun. J. 3-8-89, p. 25433; Amend Coun. J. 3-6-96, p. 17628; Amend Coun. J. 11-3-04, p. 34974, § 3)
Municipal Code of Chicago § 11-4-1600 Violation of Section 7-28-390, 7-28-440, or 11-4-1500 - Penalty.
11-4-1600 Violation of Section 7-28-390, 7-28-440, or 11-4-1500 - Penalty.
(a) Fines.
(1) Any person found in violation of Sections 7-28-390, 7-28-440, or 11-4-1500 shall be fined according to the following schedule (quantities of solid waste appear as cubic yards and quantities of liquid waste appear as gallons):
(i) Up to 5 cubic yards of solid waste and up to 5 gallons of liquid waste: not less than $1,500.00 and not more than $2,500.00
(ii) Greater than 5 cubic yards or 5 gallons, but up to 10 cubic yards or 10 gallons: $5,000.00
(iii) Greater than 10 cubic yards or 10 gallons, but up to 20 cubic yards or 20 gallons: $10,000.00
(iv) Greater than 20 cubic yards or 20 gallons, but up to 50 cubic yards or 50 gallons: $25,000.00
(v) Greater than 50 cubic yards or 50 gallons, but up to 100 cubic yards or 100 gallons: $40,000.00
(vi) Greater than 100 cubic yards or 100 gallons: $50,000.00
(2) Solid waste quantities above 500 cubic yards, as determined by a topographical survey, shall be subject to an additional $20.00 per cubic yard, plus the cost of the topographical survey.
(3) Liquid waste that is hazardous shall be subject to an additional $100.00 per gallon.
(4) For each subsequent day that waste dumped, deposited, disposed, released, treated or placed in violation of Section 7-28-390, 7-28-440, or 11-4-1500 remains at the location where it was dumped, deposited, disposed, released, treated or placed, the person found in violation shall be subject to an additional fine of $10,000.00 per day.
(5) If any waste dumped, deposited, disposed, released, treated or placed in violation of Section 7-28-390, 7-28-440, or 11-4-1500 migrates to another location, such as another property or the public way, the person found in violation shall be subject to an additional fine of $10,000.00 per day.
(6) In addition to any other penalties imposed under this section, any person found in violation of Sections 7-28-440 or 11-4-1500 shall be subject to an additional fine of $20.00. Any fines or penalties imposed by the City for a violation of this section, and any fees collected under this section shall be deposited in the corporate fund of the City for the nonexclusive purpose of funding the reward program authorized under Section 7-28-445.
(b) In addition to any other penalties imposed under this section, the registered owner of record of any vehicle used in violation of Section 7-28-390, 7-28-440, or 11-4-1500 shall be jointly and severally liable with any person operating or in control of the vehicle at the time of the violation. A recorded image of the license plate on the vehicle shall create a rebuttable presumption that the person that last registered the plate is the registered owner of the vehicle.
(c) The Commissioner shall have the authority to issue an emergency or a non-emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code to stop any person from proceeding with any activity regulated under Section 7-28-390, 7-28-440, or 11-4-1500 when the Commissioner has reason to believe that such activity either is proceeding in violation of any provision under those sections or is otherwise in contravention of the public interest.
(1) Emergency abatement. In the event that the Commissioner or the Commissioner of Streets and Sanitation determines that any activity in violation of Section 7-28-390, 7-28-440, or 11-4-1500 has created, or is creating, an imminent and substantial risk to the public health or safety or to the environment, then the Commissioner or the Commissioner of Streets and Sanitation may order the owner of the vehicle, the operator of the vehicle, and any other person involved in the performance of the subject activity to abate the threat within a time frame prescribed by the Commissioner or the Commissioner of Streets and Sanitation. In the event that any person fails to abate such threat in accordance with the Commissioner's or the Commissioner of Streets and Sanitation's order, the Commissioner or the Commissioner of Streets and Sanitation may proceed to control, remove, dispose or otherwise abate the threat.
(2) Non-emergency abatement. In the event that the Commissioner or the Commissioner of Streets and Sanitation determines that any activity in violation of Section 7-28-390, 7-28-440, or 11-4-1500 has not created, or is not creating, an imminent and substantial risk to the public health or safety or to the environment, the Commissioner or the Commissioner of Streets and Sanitation may provide the owner of the vehicle, the operator of the vehicle or any other person involved in the performance of the subject activity with written notice to abate the nuisance within a time frame prescribed by the Commissioner or the Commissioner of Streets and Sanitation. In the event that any person fails to abate such nuisance in accordance with the Commissioner's or the Commissioner of Streets and Sanitation's notice to abate, the Commissioner or the Commissioner of Streets and Sanitation may proceed to control, remove, dispose or otherwise abate the nuisance in accordance with the provisions of this Code.
(3) In addition to any other penalties imposed in this section, the City shall be entitled to recover a penalty in the amount up to three times the cost or expense incurred by the City in abating the nuisance in an appropriate action instituted by the Corporation Counsel or in a proceeding initiated by the Departments of the Environment or Streets and Sanitation at the Department of Administrative Hearings.
(d) [Reserved.]
(e) All City contracts advertised, or if not advertised, awarded, 90 days after the effective date of this ordinance shall include a provision that a violation of Section 7-28-390, 7-28-440, 11-4-1410, 11-4-1420, 11-4-1450, 11-4-1500, 11-4-1530, 11-4-1550, or 11-4-1560 by the contractor, whether or not in the performance of the agreement, shall constitute a breach of the contract.
(f) In addition to the fines provided under this section, any motor vehicle that is used in violation of Section 7-28-390 or 7-28-440 shall be subject to seizure and impoundment pursuant to this section. The owner of record of any motor vehicle that is seized and impounded pursuant to this section shall be liable to the City for an administrative penalty of $2,000, plus towing and storage fees. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its agent. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle at the time of the alleged violation or any person who is found to be in control of the vehicle at the time of the alleged violation, if there is such person, of the fact of the seizure and of the vehicle owner’s right to request a preliminary hearing to be conducted under Section 2-14-132 of this Code by serving such person with a copy of the vehicle impoundment seizure report. Section 2-14-132 shall apply whenever a motor vehicle is seized and impounded pursuant to this section. The procedures of this subsection (f) shall apply to seize and impound motor vehicles used in violation of Section 7-28-390 or 7-28-440 that are impounded at the scene of the violation. The procedures of Section 9-92-036 shall apply to seize and impound motor vehicles used in violation of Section 7-28-390 or 7-28-440 that are not impounded at the scene of the violation.
(g) The City may obtain permanent or temporary injunctive relief in the Circuit Court of Cook County, Illinois, for any violation of Section 7-28-390, 7-28-440, or 11-4-1500.
(h) Use of a vehicle owned by a business licensed or required to be licensed under Title 4 of the Code to commit a violation of Section 7-28-390 or 7-28-440 shall be grounds for suspension or revocation of the business license, in accordance with Section 4-4-280, or for denial of an application for a business license in accordance with Section 4-4-060. Identification of the business on the vehicle by words, symbols, images, or otherwise, shall be prima facie evidence that the vehicle is owned by the business.
(Prior code § 17-6.12; Added Coun. J. 10-28-87, p. 5641; Amend Coun. J. 11-3-04, p. 34974, § 3; Amend Coun. J. 12-7-05, p. 64870, § 1.8; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 11-8-12, p. 38872, § 198; Amend Coun. J. 5-8-13, p. 52138, § 2; Amend Coun. J. 10-11-17, p. 56894, § 2; Amend Coun. J. 7-22-20, p. 18957, § 8; Amend Coun. J. 3-20-24, p. 10135, § 2; Amend Coun. J. 6-18-25, p. 29800, § 1; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 6; Amend Coun. J. 6-17-26, p. 45184, § 1)
Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2655100Fetched: 10/24/2026