REPROCESSABLE CONSTRUCTION/DEMOLITION MATERIAL (11-4-1905 et seq.)

Municipal Code of Chicago tit. 11, ch. 11-4, art. XIV

in effect

Municipal Code of Chicago § 11-4-1905 Construction or demolition site waste recycling.

11-4-1905 Construction or demolition site waste recycling. (1) For purposes of this section, the term(s): (a) “Contractor” means a general contractor and shall also include any person engaged in the demolition or wrecking of a structure for which a permit is required under Section 14A-4-401 or 14-A-4-407. (b) "Construction and demolition debris" has the meaning ascribed to the term in Section 11-4-120 of this Code. (c) "Recycle" has the meaning: ascribed to the term in Section 11-4-120 of this Code. (d) “Recycler” means a recycling facility, transfer station or other waste handling facility permitted pursuant to Section 11-4-250 of this Code which accepts construction and demolition debris for recycling or for further transfer to a recycling facility. (e) “Reuse” means (i) the on-site use of reprocessed construction and demolition debris if such on-site use is authorized in writing by the Commissioner pursuant to Section 11-4-1935 of this Code; and (ii) the off-site redistribution of a material which would otherwise be disposed of, for use in the same or similar form as it was produced. (2) Any project subject to this section shall be required to recycle or reuse construction or demolition debris produced on site as part of construction or demolition activities by meeting the following requirements: (a) The contractor on a project that is issued a permit with an application date on or after January 1, 2006, but before January 1, 2007, shall cause to be recycled or reused at least 25 percent of construction and demolition debris, as measured by weight, produced on site. (b) The contractor on a project that is issued a permit with an application date on or after January 1, 2007, shall cause to be recycled or reused at least 50 percent, as measured by weight, of the total amount of construction and demolition debris produced on site that does not contain lead, asbestos or other hazardous materials in such a way as to render recycling of such material illegal or impossible. (3) The following projects are subject to this section: (a) Construction of a new residential building with four or more units. (b) Construction of a new non-residential building, other than projects for which the total square footage is 4,000 square feet or less. (c) Any rehabilitation of a building that will require a certificate of occupancy to issue from the Department of Buildings. (d) Demolition of a residential building with four or more units that includes the demolition of at least one outside wall. (e) Demolition of a non-residential building, other than projects for which the total square footage is 4,000 square feet or less. A project is exempt from this section if only a plumbing permit, only an electrical permit or only a mechanical permit is required. (4) Certification of Compliance and Enforcement. (a) Within 30 days of completion of a project meeting the requirements of subsection (3) of this section, the contractor shall submit documentation as described herein to report compliance with this section and rule promulgated thereunder. The documentation required under this subsection (4)(a) shall be in a form prescribed by the Chief Sustainability Officer and consist of notarized affidavits from the contractor and the waste-hauler or recycler for the project certifying the extent to which the project complies with subsection (2). (b) (i) The certificate of occupancy for a project subject to this section may be withheld until the applicant submits either (A) the required documentation, including, where applicable, proof that any fine due under subsection (6) of this section has been paid in full, or (B) proof of a written request for a hearing on the applicability of this section and/or the amount of fine due, which hearing shall be conducted in the Department of Administrative Hearings. (ii) Notwithstanding the foregoing subparagraph (i) if a contractor is unavailable or refuses to provide the required documentation, property owner may obtain a certificate of occupancy by submitting a waiver application supported by an affidavit that the contractor is unavailable or refuses to provide the required documentation. (c) [Reserved.] (d) After written notification from the Chief Sustainability Officer, the Building Commissioner shall not issue any new building or demolition permit to a contractor who has failed to timely submit the required documentation with respect to any completed project, until the applicant either (A) submits the required documentation, including, where applicable, proof that any fine due under subsection (6) of this section has been paid in full, or (B) submits proof of a written request for a hearing on the applicability of this section and/or the amount of fine due, which hearing shall be conducted in the Department of Administrative Hearings. (e) A contractor shall comply with all reasonable requests for information and documentation made by the Chief Sustainability Officer pursuant to an audit to monitor compliance with this section. Documentation required by this section shall be maintained for at least three years. (f) Whenever any affiant knowingly and falsely states that a project has met the requirements of this section, or whenever any contractor knowingly submits an affidavit with such a false statement, or whenever any person knowingly fails to comply with a reasonable request made pursuant to an audit under this section, such action will subject the person to a fine of $2,000 to $5,000, and will subject the person to additional penalties and fines pursuant to this Code or state law including, but not limited to, the penalties specified in subsection (6) and the revocation or suspension of an affiant's or contractor's general contractor's license pursuant to Chapter 4-4. In the case of a contractor, the building commissioner may, after a hearing resulting in a finding that the contractor has committed any of the aforesaid violations, deny the contractor's right to obtain building or demolition permits for a period of up to one year. (5) The Chief Sustainability Officer may promulgate such rules as necessary to implement this section. (6) In addition to any other penalty provided by law, contractors who fail to meet the recycling percentages identified in subsection (2) shall be subject to the following fines: For construction projects or demolitions involving 10,000 square feet or more of renovated, newly constructed, or demolished space | | $1,000 for each percentage point of difference between the amount by this section to be recycled or reused and the amount actually recycled or reused For construction projects or demolitions involving less than 10,000 square feet of renovated, newly constructed, or demolished space | | $500 for each percentage point of difference between the amount required by this section to be recycled or reused and the amount actually recycled or reused (7) Violation – Penalty. Except as otherwise provided in this section, and in addition to any other penalty provided by law, any person who violates any requirement of this section shall be subject to a fine of not less than $300.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply. (Added Coun. J. 12-15-04, p. 40435, § 3; Amend Coun. J. 7-27-05, p. 53344, § 1; Amend Coun. J. 1-11-06, p. 67938, § 1; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 2-9-11, p. 112149, § 7; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-8-12, p. 38872, § 200; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 99; Amend Coun. J. 11-15-23, p. 6542, Art. V, § 9; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 6)

Municipal Code of Chicago § 11-4-1910 Definitions.

11-4-1910 Definitions. As used in this article , unless the context clearly indicates otherwise: "Closure" shall mean those actions taken by the owner and/or operator to cease operations and to ensure that a facility is closed in conformance with this chapter and all applicable federal, state and local laws in effect at the time of such closure. "Construction or demolition debris" has the meaning ascribed to the term in Section 11-4-120. "Contractor" has the meaning ascribed to the term in Section 11-4-1905(1)(a). "Governmental entity" means any unit of federal, state or local government. "Incidental construction/demolition debris" or "incidental debris" shall mean uncontaminated dirt, metal, mortar, gypsum, plasterboard, wood, and sand which are derived from a construction or demolition-site and intermingled with reprocessable material. "Open dumping" or "fly dumping" shall mean the disposal of garbage, material, refuse and other waste from one or more sources at a disposal site that is not permitted to receive such waste. "Owner or operator" has the meaning ascribed to the term in Section 11-4-120. "Reprocessable construction/demolition material" shall mean broken concrete, bricks, rock, stone or paving asphalt generated from construction or demolition activities. "Reprocessable construction/demolition material facility" or "facility" shall mean a site used for purposes of receiving, storing, reprocessing and transport of reprocessable construction/demolition material. "Reprocessed" or "reprocessing" or "reprocessing activity" means crushed or broken into smaller constituent parts by a reprocessing device. “Reprocessing device” shall mean a device designed to crush or break reprocessable material into smaller constituent parts for the purpose of reprocessing such material and for which a permit has been issued by the Department of the Environment pursuant to this Code. Other definitions relating to this article will be found in Article I of Chapter 11-4. (Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 3-6-96, p. 17622; Amend Coun. J. 2-9-11, p. 112149, § 8; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 6)

Municipal Code of Chicago § 11-4-1920 Purpose and title.

11-4-1920 Purpose and title. The purpose and intent of this article is to regulate the receipt, storage, reprocessing and transport of reprocessable construction and demolition material and to prevent the improper disposal of construction and demolition debris within the City of Chicago. This article shall be entitled the "reprocessable construction/demolition material ordinance". (Added Coun. J. 6-23-93, p. 34796)

Municipal Code of Chicago § 11-4-1930 Reprocessable construction/demolition material permit.

11-4-1930 Reprocessable construction/demolition material permit. (A) Permit Required. Except as otherwise provided in Section 11-4-1935, no reprocessable construction/demolition material shall be sent to, received by, stored at or reprocessed at any location except at a facility properly zoned and for which a permit for a reprocessable construction/demolition material facility has been issued pursuant to this chapter. This section shall not be interpreted as a ban on the disposal of reprocessable construction/demolition material in a properly zoned and permitted sanitary landfill or the receipt and transfer of such material at a properly zoned and permitted waste transfer facility. (B) Permit Application. Application for a permit for a reprocessable construction/demolition material facility shall be made to the commissioner and shall provide the following information: (1) Name, address, and telephone number of the applicant; (2) The telephone number(s) of the owner or operator of the site of the proposed facility; (3) The address of the facility sought to be licensed; (4) Payment of the fee as set forth in Section 11-4-1960; (5) Design of the proposed facility, including buildings, equipment, fencing, ingress and egress, pollution control measures, and routes to and from the facility; (6) Plan of operation for proposed facility including type and number of reprocessing devices for reprocessing reprocessable material or alternative plan for timely reprocessing of the material; (7) An "air pollution control permit" for reprocessing devices used for preprocessing reprocessable material issued by the department of health pursuant to this Code; (8) Copy of certified letter to the alderman within whose ward the facility is proposed to be located, setting forth the intention and nature of use as a reprocessable construction/demolition material facility. An application shall not be considered complete without such copy of the certified letter and in no event shall a permit be issued until 30 days after the date of the certified letter or receipt by commissioner of notice from the alderman that such 30-day period is waived; (9) 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; (10) Any further information deemed necessary by the commissioner. The commissioner shall have 90 days to act upon the application. (C) No permit for a reprocessable construction/demolition material facility shall be granted by the commissioner unless: (1) The application for such permit is fully and accurately completed and all zoning and other requirements in subsection (B) hereof are met; (2) The existence of a facility will not have an adverse effect on traffic flow or parking within the surrounding area; (3) In the determination of the commissioner, the facility will not have an adverse impact on the public health and safety; (4) The commissioner determines that the facility has adequate pollution control measures; (5) The commissioner determines that sufficient on-site space will be available for incidental debris and reprocessable construction/demolition material. (D) Permit Revocation. The commissioner may revoke the permit of the owner and/or operator of a reprocessable construction/demolition material facility found to be engaging in open dumping or fly dumping or otherwise disposing of construction/demolition material or debris in violation of this chapter or any other provision of the Municipal Code of Chicago. (Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 8-3-94, p. 55153; Amend Coun. J. 2-9-11, p. 112149, § 9; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

Municipal Code of Chicago § 11-4-1935 Construction site reprocessing authorization.

11-4-1935 Construction site reprocessing authorization. (a) (1) Written authorization required. No person shall engage in the reprocessing of reprocessable construction/demolition materials or the temporary storage of reprocessed materials in the City without having first obtained a written construction site reprocessing authorization from the Commissioner. Application for a construction site reprocessing authorization shall be made on forms provided by the Commissioner for such purpose. Applicants shall provide the following information: (i) the applicant's contact information; (ii) written consent from the owner, or the owner's authorized agent, of the property on which the reprocessing or temporary storage will occur; (iii) a description and estimated quantity of the material proposed to be reprocessed or temporarily stored; (iv) a description of the planned end-use for the reprocessed material; and (v) any other information reasonably deemed necessary by the Commissioner to ensure the construction site reprocessing operation can operate as proposed, is protective of public health and the environment, and will not cause a public nuisance. (2) Conditions for issuance of authorization. Except as otherwise provided in subsection (a)(3) and subsection (a)(4) of this section, the Commissioner shall not issue a construction site reprocessing authorization unless all of the following requirements are met: (i) the construction/demolition material to be reprocessed does not contain lead, asbestos or any other hazardous material; and (ii) all reprocessing of such construction/ demolition material occurs on the site at which the demolition occurred; and (iii) the reprocessed construction/ demolition material is used solely on the site at which the demolition occurred for construction activities occurring on such site or as demolition fill material as defined in Section 11-4-2150; and (iv) the contractor is in compliance with the setback requirements for equipment and materials set forth in subsection (a)(5) of this section. (3) Governmental entities – Requirements. A governmental entity, as defined in Section 11-4-1910, shall not be subject to the requirement set forth in paragraph (vi) of subsection (a)(1) of this section, and such governmental entity may transfer for reuse off the site at which the demolition occurred any reprocessable construction/demolition material generated from such demolition if all of the following requirements are met: (i) the governmental entity complies with the requirements set forth in paragraphs (i), (iii), (iv), (v) and (vii) of subsection (a)(1); and (ii) the site on which the demolition occurred and the off-site location where such materials will be transferred for reuse are both public improvement projects undertaken by the same or different governmental entity; and (iii) prior to transferring the reprocessed construction/demolition material from the demolition site to the off-site location where such material will be reused, the government entity registers the demolition project on the Chicago Soil and Rubble Exchange website or complies with any other alternative registration process approved by the department in duly promulgated rules or regulations; and (iv) the governmental entity maintains on the Chicago Soil and Rubble Exchange website or any other alternative registration process approved by the department in duly promulgated rules or regulations current and accurate records identifying the date and location of all anticipated and actual transfers of such reprocessed construction/demolition material. (4) Good faith reprocessor – Requirements. A person shall not be subject to paragraphs (v) and (vi) of subsection (a)(1) of this section, and may reprocess construction/demolition material on a site at which the demolition did not occur, if all of the following requirements are met: (i) the person complies with paragraphs (i), (ii), (iii), (iv) and (vii) of subsection (a)(1); and (ii) the construction/demolition material being reprocessed was illegally dumped at the site; and (iii) the person has not knowingly contributed to that illegal dumping; and (iv) the construction/demolition material is reprocessed on the site of the illegal dumping; and (v) the reprocessed construction/ demolition material is used for construction activities on the site. (5) Setback requirements. No reprocessing device or stockpile of reprocessable construction/ demolition material or of reprocessed construction/ demolition material shall be located in the following places: (i) within 200 feet of any school, childcare facility, hospital, residential building or mixed occupancy building with a residential use; (ii) within 100 feet of any building other than a school, childcare facility, hospital, residential building or mixed occupancy building with a residential use; (iii) within 100 feet of any public way or park. Provided, however, that if (A) compliance with the requirements of this subsection (a)(4) is physically impossible or hazardous due to the configuration, location or unique characteristics of the site where reprocessing or temporary storage of construction/demolition material is authorized under this section; and (B) the contractor can show either that (1) the issuance of a certificate of exemption under this subsection will not create a public nuisance or adversely impact the surrounding area or surrounding users, or (2) such public nuisance or adverse impact can be eliminated or substantially reduced through the adoption of an abatement or mitigation plan, the contractor may apply to the commissioner for a written certificate of exemption from compliance with the requirements of this subsection (a)(4). Prior to granting any exemption under this subsection (a)(4), the Commissioner or the Commissioner's designee may conduct a site visit of the subject premises to determine the validity of the claim of impossibility or hazard and to determine whether the issuance of a certificate of exemption under this subsection will create a public nuisance or adversely impact the surrounding area or surrounding users. Upon a showing of physical impossibility or hazard and a finding that the issuance of a certificate of exemption either will not create a public nuisance or adversely impact the surrounding area or surrounding users or that such public nuisance or adverse impact can be eliminated or substantially reduced through the adoption of an abatement or mitigation plan, as determined by the Commissioner, the Commissioner shall issue to the contractor a certificate of exemption for such premises. Such certificate of exemption shall specify the scope and conditions of any exemption so granted, and may include provisions for nuisance abatement or other reasonable measures to eliminate or substantially reduce any adverse impact on the surrounding area or surrounding users. Such certificate shall be valid for the period of time identified on the face of such certificate or until such time that the certificate is revoked for cause. Prior to revoking a certificate for cause, the Commissioner shall give the certificate holder notice that the certificate will be revoked in three days and provide the certificate holder an opportunity to respond before the revocation takes effect. The Commissioner may require a work stoppage during the pendency of the revocation. A copy of such certificate shall be posted by the contractor in a conspicuous place on the premises covered by such certificate and, upon request by any authorized City official, shall be made available by the contractor for inspection by such City official. (6) Operating requirements. Prior to reprocessing such construction/demolition material, the contractor shall: (i) verify that each load of such material to be reprocessed does not contain lead, asbestos, or any other hazardous material of the type that renders recycling of such material illegal or impossible; (ii) create and maintain a written record documenting the results of such verification; and (iii) provide a copy of the written record required under this subsection (a)(6) to the owner or operator of the property on which the reprocessing occurs. The written record required under this subsection (a)(6) shall be kept on file by the owner or operator and contractor for a period of three years and, upon request by any authorized City official, shall be made available without undue delay for inspection by such authorized City official. (7) Duration of authorization. The written authorization issued under subsection (a)(1) of this section shall be valid for a period of three months, as measured from the date on which such authorization is issued. Provided, however, that upon application to the Commissioner, such authorization may be extended for an additional period(s) of time, each of which additional period shall not exceed three months, so long as construction/demolition material requiring reprocessing and reprocessing equipment remain on the site. Any reprocessable or reprocessed construction/demolition material that is not used on or removed from the site within three months of the date on which the temporary authorization is issued or extended under this section shall be subject to the construction site cleanliness rules and regulations for the maintenance of construction site stockpiles and prevention of the off-site dispersion of dust and debris from construction sites promulgated by the department under Section 11-4-765. (8) Enforcement. It shall be unlawful for any person to violate any of the requirements set forth in this subsection (a). In addition to any other penalty provided by law, any person who violates any of the requirements of this subsection (a) shall be subject to the penalty set forth in subsection (d) of this section. In addition, any authorization issued under this subsection (a) shall be subject to suspension or revocation for cause by the Commissioner following notice in accordance with the applicable provisions of subsection (d) of Section 11-4-025 and an opportunity to demand a hearing in accordance with the procedures set forth in subsection (c) of Section 11-4-025. (b) Rules. The Commissioner is authorized to adopt rules setting forth application requirements and standards and conditions for the location and operation of construction site reprocessing activities, and to require applicants for and operators of such activities to provide such information as the Commissioner deems necessary to effectuate the purposes of this section. Such rules shall include those standards and conditions necessary to protect the environment, public health and safety and avoid nuisances, and may also include such other requirements as the Commissioner deems necessary and appropriate to carry out this section, including but not limited to financial security requirements and notification requirements. (c) Fee. The Commissioner shall charge a fee of $750.00 per month for each month or fraction of a month in which construction site reprocessing activity is authorized for the costs of reviewing and inspecting the activity to assure compliance with this section and the rules promulgated hereunder. (d) Penalty for violation. Penalties imposed for violations of this section shall be as provided in Section 11-4-030 of this Code. (Added Coun. J. 12-4-02, p. 99931, § 8.2; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 2-9-11, p. 112149, § 10; Amend Coun. J. 11-13-13, p. 65239, § 1; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 100; Amend Coun. J. 10-7-20, p. 21791, Art. VII, § 8; Amend Coun. J. 10-27-21, p. 39543, Art. VI, § 2; Amend Coun. J. 10-27-21, p. 40504, Art. II, § 9; Amend Coun. J. 11-7-22, p. 54948, Art. III, § 6; Amend Coun. J. 11-15-23, p. 6542, Art. V, § 10)

Municipal Code of Chicago § 11-4-1940 Reserved. Editor's note – Coun. J. 11-16-11, p. 13798, Art. II, § 7, repealed § 11-4-1940, which pertained to rules and regulations.

Municipal Code of Chicago § 11-4-1950 Reprocessing requirement.

11-4-1950 Reprocessing requirement. A facility shall be operated for the primary purpose of reprocessing reprocessable material. This ordinance shall not be construed, interpreted or implied to permit the use of land as a landfill or other similar use. (Added Coun. J. 6-23-93, p. 34796)

Municipal Code of Chicago § 11-4-1960 Annual permit filing fee.

11-4-1960 Annual permit filing fee. The annual fee for filing a permit application shall be as follows: For facilities on lots covering not more than 25 acres.....$2,500.00 For facilities on lots covering more than 25 and up to 50 acres.....$5,000.00 For facilities on lots covering more than 50 acres.....$10,000.00 Each noncontiguous lot shall be considered a separate facility. (Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 12-4-02, p. 99931, § 8.3)

Municipal Code of Chicago § 11-4-1961 Fee on generation of construction or demolition debris.

11-4-1961 Fee on generation of construction or demolition debris. A fee is hereby imposed on the generation of construction or demolition debris that is reprocessed within the corporate limits of the City. (a) Construction/demolition debris received at construction/demolition reprocessing facilities. (1) For each construction/demolition reprocessing facility within the corporate boundaries of the City, the owner or operator shall collect a fee of $1.00 per cubic yard of construction/demolition debris received and managed at the facility, unless the owner or operator weighs the quantity of the construction/demolition debris received with a device for which certification has been obtained under the Illinois Weights and Measures Act (225 ILCS § 470/1, et seq.), in which case the fee shall be $0.50 per ton of construction/demolition debris received and managed at the facility. (2) This fee shall be stated as a distinct item on the bill to each customer separate and apart from the owner’s or operator’s gross charges to its customers for receiving, handling, transporting, processing, or otherwise managing the construction/demolition debris. Every owner or operator that is required to collect the fee imposed by this section shall remit the fee to the Department with the remittance return prescribed by the Commissioner. On or before the last day of each calendar month, the owner or operator must file the remittance return for the construction/demolition debris that is received and managed during the preceding calendar month and shall pay the fee within thirty days of the date of an invoice from the Department. Any fee collected by the owner or operator is collected in trust for the City and constitutes a debt owed by the collector to the Department. (3) The owner or operator may retain two percent of the fees collected and timely remitted to the Department under this section to reimburse the owner or operator for expenses incurred in connection with accounting for and the remitting of fees to the Department. (4) The fee imposed by this section is upon the generation of the construction/demolition debris, and nothing in this section shall be construed to impose a charge of any kind on the occupation of handling, transporting, reprocessing or otherwise treating or managing construction/demolition debris. The failure of any owner or operator to collect the fees shall not excuse any generator of construction/demolition debris from the obligation of paying the fee directly to the Department. (b) Construction/demolition debris reprocessed and reused at construction sites. (1) For each construction site at which reprocessable construction/demolition debris is generated, reprocessed, and reused pursuant to the written authorization required under section 11-4-1935 of this Article, the owner or operator of such site shall pay a fee of $1.00 per cubic yard of construction/demolition debris generated and managed at the site, unless the owner or operator weighs the quantity of the construction/demolition debris generated with a device for which certification has been obtained under the Illinois Weights and Measures Act, 225 ILCS § 470/1, et seq., in which case the fee shall be $0.50 per ton of construction/demolition debris generated and managed at the site. (2) Every owner or operator that is required to pay the fee imposed by this section shall remit the fee to the Department with the remittance return prescribed by the Commissioner. On or before the last day of each calendar month, the owner or operator must file the remittance return for the construction/demolition debris that is generated and managed during the preceding calendar month and shall pay the fee within thirty days of the date of an invoice from the Department. (c) For purposes of this section, the term "construction/demolition debris" is the same definition as provided in subsection 11-4-1910. (d) The Commissioner is empowered to adopt and promulgate rules relating to the collection of the fee required to be paid by this section. (e) Any person who violates any provision of this section shall be fined not less than $500.00 and not more than $1,000.00 for each offense. (f) Notwithstanding any other provision of this section, generators of construction/demolition debris who are governmental bodies are exempt from the fees imposed by this section. (Added Coun. J. 3-6-96, p. 17622; Amend Coun. J. 9-1-99, p. 10082, § 5; Amend Coun. J. 11-21-17, p. 61858, Art. VII, § 1; Amend Coun. J. 11-14-18, p. 90376, Art. VII, § 3)

Municipal Code of Chicago § 11-4-1962 Construction/demolition debris management fund.

11-4-1962 Construction/demolition debris management fund. There is hereby created within the city treasury a special fund to be known as the "construction/demolition debris management fund" constituted from the fees and fines collected pursuant to Section 11-4-1961. The fund is to be utilized for the regulation of construction or demolition debris, including monitoring, planning, inspecting, providing technical assistance, and enforcing rules, regulations and ordinances with respect to the management, transportation, disposal, recycling and characterization of construction/demolition debris. This includes, but is not limited, to enforcement against illegal dumping of construction and demolition debris and oversight of recycling of concrete debris. (Added Coun. J. 9-1-99, p. 10082, § 6)

Municipal Code of Chicago § 11-4-1970 Reprocessing device requirement.

11-4-1970 Reprocessing device requirement. To qualify for a permit, each facility shall have at least one permitted reprocessing device, with an air pollution control permit issued by the Department of the Environment pursuant to this Code, for the purpose of reprocessing reprocessable material permitted for the site, or have an alternative plan approved by the commissioner for timely reprocessing of the material. (Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 6)

Municipal Code of Chicago § 11-4-1980 Testing of materials.

11-4-1980 Testing of materials. The owner and/or operator of a reprocessable construction/demolition material facility shall perform, at its own expense, testing of material delivered to the facility for constituents and characteristics as described in rules and regulations that may be promulgated by the Department of the Environment. Such tests shall be performed on a schedule contained in regulations that may be promulgated by the Department of the Environment; provided, however, that the number of tests requested shall not exceed six within a 12-month period unless the commissioner determines that sufficient cause exists for additional testing and such cause is provided to the owner and/or operator in written form. (Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 6)

Municipal Code of Chicago § 11-4-1990 Reports and recordkeeping.

11-4-1990 Reports and recordkeeping. (A) Load Tickets. The owner and/or operator shall maintain load tickets for each truckload or other documentation acceptable to the Commissioner of material delivered to and removed from a facility. The load tickets or other documentation shall contain the following information: (1) The date the material was delivered to and removed from the facility; (2) The source of all loads delivered to the facility; (3) A description of the type of material delivered to or removed from the facility; (4) The weight or volume of each load delivered to or removed from the facility expressed in tons or cubic yards, respectively; (5) The name and address of the facility or site to which all reprocessed material or incidental debris removed from the site is to be delivered; (6) The weight or volume of each load of reprocessed material or incidental debris removed from the facility expressed in tons or cubic yards; (7) The date transported and description of each load of reprocessed material or incidental debris removed from the facility. The load tickets or other documentation shall be preserved for a period of one year following the end of the calendar year in which such tickets were written and recorded or in which such other documentation is made. Load tickets or other documentation shall be made available upon written or oral request during normal business hours to an employee or agent of the Department of the Environment. (B) Reports. The owner and/or operator shall prepare, upon the request of the Department of the Environment or on a schedule prescribed by regulation, reports on materials delivered to and removed from a facility and on the operations of the facility. (C) Affidavit of Reprocessing. The owner and/or operator shall provide to the commissioner an annual affidavit stating the amount of reprocessed material sold or reused in the previous year. Such affidavit shall include the name and address of the entities which purchased such materials. The affidavit form shall be provided by the commissioner. The owner and/or operator shall maintain adequate records to support the information stated in the affidavit. (Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 6)

Municipal Code of Chicago § 11-4-2000 Operating requirements.

11-4-2000 Operating requirements. The owner and/or operator of a reprocessable construction material facility shall comply with the following requirements: (A) All facilities shall keep permits on the premises at all times. Permits should be posted in a prominent location and available at all times for review by employees or agents of the Department of the Environment. (B) No owner and/or operator of a reprocessable construction/demolition material facility shall receive, reprocess, remove or transport any construction material or debris between the hours of 7:00 p.m. and 6:00 a.m. unless a waiver is granted by the commissioner. (C) The owner and/or operator shall undertake all necessary steps to ensure that a facility is secure from unauthorized entry, sufficiently screened from the surrounding area and adequately lighted after dark. If the commissioner deems the measures undertaken by an owner and/or operator pursuant to this subparagraph (C) to be inadequate, the commissioner may require that additional steps be taken to bring the facility into compliance. (D) At no point within the reprocessable construction/demolition material facility shall the height of reprocessable or reprocessed material and other materials brought on the site exceed 30 feet. The commissioner may, upon written application by an owner and/or operator, grant variances to this requirement. (E) Each reprocessable construction/demolition material facility shall employ measures and/or devices approved by the Department of the Environment to prevent the emission of dust and to keep the streets, sidewalks and sewers adjacent to the facility free and clear at all times of all material and debris transported to or from, or maintained or stored within, the facility. (F) At no point shall any portion of the facility site be excavated for the purpose of storing reprocessed material, reprocessable material or incidental debris. (G) Each facility shall conform to the noise standards established by Chapter 8-32 of the Municipal Code of Chicago. (H) Reprocessable material and incidental debris received at the facility shall be handled as follows: (1) Reprocessable construction/demolition material shall be separated from and kept separate from any other waste as defined in this Chapter 11-4 of the Municipal Code of Chicago. (2) Reprocessable construction/demolition material shall be handled, stored, transported and reused in accordance with applicable federal, state, and local laws and regulations. (3) Incidental debris received at the facility shall be separated from reprocessable construction / demolition material and shall be removed from the facility as soon as possible, but not later than 14 days after such debris was delivered to the facility, and shall be disposed of in accordance with the applicable federal, state, and local laws and regulations. (4) No waste, garbage or refuse except reprocessable material and incidental debris may be received or stored at a facility at any time. (5) The amount of incidental debris contained in any of reprocessable material received at a facility shall not exceed 20 percent of the total volume of materials on-site. (6) The maximum amounts of reprocessable construction/demolition material and incidental debris that an owner and/or operator may maintain or store at a facility may be prescribed by the commissioner in rules and regulations. (7) The owner and/or operator shall be responsible for the proper transport and disposal of all waste stored, dumped or abandoned at the site. (I) The owner and operator of a facility shall ensure that all reprocessable material and incidental debris transported to or removed from the site shall be managed in a way to prevent release of materials into the environment. (J) The trucks and other vehicles used in the operation at the facility shall comply with the City of Chicago's weight limitations and other road requirements. (Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 6)

Municipal Code of Chicago § 11-4-2010 Closure.

11-4-2010 Closure. The owner and/or operator of a facility shall notify the Commissioner in writing of an intention to terminate operations of the facility at least 14 days prior to termination. Upon termination of operations on the facility site, the owner and/or operator shall leave the site in a clean condition that is to be approved by the Department of the Environment, removing all waste and other materials and equipment from the site. The site shall be restored to a level grade for future development consistent with local zoning ordinances. Only city-approved fill material shall be used to regrade the site. (Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 6)

Municipal Code of Chicago § 11-4-2020 Security.

11-4-2020 Security. No person shall operate a facility which requires a permit under this article unless such person has posted with the Department of the Environment security in the amount of $250,000.00. The purpose of such security is to assure that the applicant will comply with the requirements of such permit, the provisions of this Code and the rules and regulations promulgated hereunder, and to secure payment of the city’s expenses incurred in correcting any dangerous condition or defect existing in such facility or in responding to any emergency created as a result of the operation of the facility, and also to assure closure of the site and post-closure care in accordance with the requirements of this Code. Such security shall be maintained in effect for 90 days after the notice of the official closure of the facility has been given in writing to the Commissioner. In no event shall the security be deemed to be the limit of the permittee’s liability for its activities at the facility. The Commissioner shall specify the form, or forms, or combination of forms of security required by this section, subject to the approval of the City Comptroller and the Corporation Counsel. No security under this section shall be required of the City of Chicago. (Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 3-6-96, p. 17625; Amend Coun. J. 9-1-99, p. 10090, § 6; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 6)

Municipal Code of Chicago § 11-4-2030 Compliance with other code provisions.

11-4-2030 Compliance with other code provisions. Nothing in this article shall be construed to relieve any person receiving a permit from compliance with any other provisions of the Municipal Code of Chicago. (Added Coun. J. 6-23-93, p. 34796)

Municipal Code of Chicago § 11-4-2040 Inspection - Jurisdiction.

11-4-2040 Inspection - Jurisdiction. Inspections of reprocessable construction / demolition material facilities shall be under the jurisdiction of the commissioner. (Added Coun. J. 6-23-93, p. 34796)

Municipal Code of Chicago § 11-4-2050 Enforcement.

11-4-2050 Enforcement. A. Public nuisance cessation. The commissioner may issue an emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code, and may require a reprocessable construction/demolition material facility to be immediately closed and secured against entry upon discovery of (i) an imminent and substantial risk to the public health or safety or to the environment caused by the presence, treatment or storage of any reprocessable construction/demolition material, or other activity on the premises, in violation of this article, a reprocessable construction/demolition material facility permit or its conditions or the rules and regulations promulgated hereunder; or (ii) the facility is being operated without a required permit. The commissioner may also issue a non-emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code, if he or she determines that any person is violating any of the provisions of this article, but such violation does not pose an imminent and substantial risk to the public health or safety or to the environment. B. Public nuisance abatement. Any unpermitted reprocessable construction/demolition material facility shall be deemed and is hereby declared to be a public nuisance and an ordinance violation and shall be subject to the abatement procedures provided in Section 11-4-025 of this Code. If the commissioner determines that such nuisance 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 the owner an emergency abatement order or may abate the nuisance, in accordance with the provisions of Section 11-4-025 of this Code. If the commissioner determines that such a nuisance 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 the owner with a written order to abate the nuisance within a time frame prescribed by the commissioner. In the event that any 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. Such abatement shall be in addition to the fines and penalties herein provided. C. Fines. Except as otherwise provided in this article, penalties imposed for violations of any provisions of this article shall be as provided in Section 11-4-030 of this Code. In addition to any other penalty provided by law, the city shall be entitled to recover a penalty or cost as provided in Section 11-4-025 of this Code. (Added Coun. J. 6-23-93, p. 34796; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 2-9-11, p. 112149, § 11)

Municipal Code of Chicago § 11-4-2060 Prospective effect.

11-4-2060 Prospective effect. This ordinance shall only apply prospectively and shall not be deemed to have any legal effect on litigation pending at the time this ordinance shall become effective or become amended. (Added Coun. J. 6-23-93, p. 34796; Amend Coun. J. 9-1-99, p. 10082, § 7)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2655377Fetched: 10/24/2026