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

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

in effect

Municipal Code of Chicago § 11-4-2510 Definitions.

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 Chief Sustainability Officer of the City of Chicago, as established in Section 2-31-015, or the Chief Sustainability Officer’s designee. 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 the Environment. 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; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 6)

Municipal Code of Chicago § 11-4-2520 Permit - Required.

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 the Environment 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; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 6)

Municipal Code of Chicago § 11-4-2525 Permit issuance prohibited.

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)

Municipal Code of Chicago § 11-4-2530 Permit - Application.

11-4-2530 Permit - Application. Application for a permit for a recycling facility or an urban farm accessory composting operation shall be made to the Commissioner in a manner specified by the Commissioner for such purpose. Applicants shall provide the following information at a minimum: (A) Name, address and telephone number of the applicant; (B) The telephone number(s) of the owner or operator who can receive notice in the event of emergency; (C) The address of the facility sought to be permitted; (D) Approval of the zoning board of appeals, as required by the Chicago Zoning Ordinance; (E) Site sketches with buildings, storage bins, unloading/loading areas, and fencing labeled on the sketch; (F) Operating hours; (G) List of materials accepted; (H) Operating plan which includes methods used to screen for unauthorized material, how material will be handled, description of any processing and a schedule for removal of materials; and (I) Any other information requested by the Commissioner. It is a condition of the permit that all information in the permit application be kept current. Any change in required information shall be reported to the Commissioner, in a manner specified by the Department, no later than ten business days after such change has occurred. (Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 2-9-11, p. 112149, § 16; Amend Coun. J. 7-29-15, p. 4110, § 3; Amend Coun. J. 11-15-23, p. 6542, Art. V, § 14)

Municipal Code of Chicago § 11-4-2535 Annual report required.

11-4-2535 Annual report required. (a) Any person who requires a permit under Section 11-4-2520 to operate or maintain a recycling facility shall submit to the Commissioner a written annual report summarizing all recycling activities occurring at the facility during each calendar year. The annual report required under this section shall be submitted by such person to the department no later than February 28th of each year, following the calendar year to which such report relates. Such report shall contain the following data and information: (1) the full name and business address of the recycling facility; (2) the full name, business telephone number and e-mail address of a responsible person to contact regarding the content of any written report submitted under this section; (3) the tonnage of all recyclable materials per material type or category, collected by the permittee during the applicable reporting period; the approximate percentage of each type or category of recyclable material collected by the permittee; the name and location to which each type or category of recyclable material was delivered; and the approximate percentage of each type or category of recyclable material delivered to each named location; (4) if applicable, the tonnage of all municipal solid waste collected by the permittee during the applicable reporting period; the name and location to which the municipal solid waste was delivered; and the approximate percentage of municipal solid waste delivered to each named location; (5) if applicable, the tonnage of all construction and demolition debris, per material type or category, collected by the permittee during the applicable reporting period; the approximate percentage of each type or category of construction and demolition debris collected by the permittee; the name and location of the facility to which each type or category of construction and demolition debris was delivered; and the approximate percentage of each type or category of construction or demolition debris delivered to each named location; and (6) any other information that the Commissioner may require to implement the requirements of this chapter. (b) Penalties imposed for violations of this section shall be as provided in Section 11-4-030 of this Code. (Added Coun. J. 11-5-93, p. 40151; Corrected. Coun. J. 4-13-93, p. 49112; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 7-20-16, p. 28694, § 6; Amend Coun. J. 11-15-23, p. 6542, Art. V, § 15)

Municipal Code of Chicago § 11-4-2540 Permit - Classification.

11-4-2540 Permit - Classification. (a) Permits for recycling facilities shall be divided into five classes, as follows: Class I facilities are recycling facilities which contain receptacles for the collection of Type A and Type B recyclable materials only. Manual separation only of Type A and Type B recyclable materials shall be permitted at a Class I facility. Class II facilities are recycling facilities for the collection of Type A and Type B recyclable materials only. Class II facilities may perform any activity permitted in a Class I facility and may also perform processing. Class III facilities are recycling facilities for the collection of Type A and Type B recyclable materials only. Class III facilities may perform any activity permitted in a Class II facility and may also engage in composting. Class IV facilities are divided into Class IVA facilities and Class IVB facilities. Class IVA facilities are recycling facilities for the collection of Type A and Type C recyclable materials only. Class IVA facilities may engage in processing, such as cleaning, bundling, compacting or packing of recyclable materials, and may also dismantle, either manually or with the use of small power tools used vehicles and used vehicle parts for resale. Class IVB facilities are recycling facilities for the collection of Type A and Type C recyclable materials only. Class IVB facilities may perform any activity permitted in a Class IVA facility and may also engage in the shredding, crushing or other large-scale processing of vehicles. Class V facilities are recycling facilities for the collection of Type D recyclable materials only. Manual sorting and temporary storage only of Type D recyclable material shall be permitted at a Class V facility. (b) No recycling facility permitted or required to be permitted under this section shall engage in the recovery of materials for fuel in combustion or energy production processes. However, this subsection shall not prohibit any such recycling facility from recovering and using biogas or other fuel generated as a byproduct of a recycling activity, as approved by the commissioner, while the facility is otherwise primarily engaged in recycling. (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, § 17; Amend Coun. J. 10-16-13, p. 61664, § 1)

Municipal Code of Chicago § 11-4-2545 Urban farm accessory composting operation.

11-4-2545 Urban farm accessory composting operation. In addition to all applicable local, state and federal laws, and rules and regulations promulgated thereunder, an urban farm accessory composting operation shall meet the following criteria: (1) Permit. No person shall engage in an urban farm accessory composting operation in the city without having first obtained an urban farm accessory composting operation permit from the commissioner. A Class III recycling facility permit holder is not required to obtain an urban farm accessory composting operations permit to conduct composting. (2) Ingredients. The composting operation composts any type of organic waste and livestock waste. In addition to other reasonable permit conditions that the commissioner may impose to protect the public health, safety or welfare of the city, the commissioner may impose permit conditions limiting the type and volume of livestock waste that the composting operation may compost. (3) Size. The composting operation constitutes no more than 2% of the site's total acreage. (4) Acceptance of material. No fee shall be charged for the acceptance of materials to be composted at the facility. (5) Processing. All food scrap must be processed into the composting operation by the end of the day it was generated on-site or received from off-site. Other organic waste or livestock waste must be processed into the composting operation or be contained in a properly maintained covered steel or rigid plastic container by the end of the day it was generated on-site or received from off-site. (6) Commercial use. Compost sold or used off-site shall meet or otherwise comply with all applicable performance standards for organic waste compost facilities and with all applicable testing procedures and standards for the end-product compost produced by organic waste compost facilities, as set forth in rules issued by the Illinois Pollution Control Board pursuant to authority granted to such Board under subsections (b) and (e) of Section 22.34 of the Illinois Environmental Protection Act. (7) Record keeping. Any person engaged in an urban farm accessory composting operation shall, in a form prescribed by the commissioner, maintain on site and shall make available for inspection records of all organic waste and livestock waste received from off-site, and the amount of compost sold by the facility. (Add Coun. J. 7-29-15, p. 4110, § 3)

Municipal Code of Chicago § 11-4-2550 Permit - Fees.

11-4-2550 Permit - Fees. (a) The term of a recycling facility permit shall be for no more than three years. The three-year permit fee shall be: Class I.....$300.00 Class II Less than 500 tons per day.....$1,500.00 500 to 1,000 tons per day.....$2,250.00 More than 1,000 tons per day.....$3,000.00 Class III.....$3,000.00 Class III recycling facility permit for a not-for-profit applicant that conducts a composting operation of less than 4,000 tons per year.....$300.00 Class IV.....$3,000.00 Class V.....$4,500.00 Permits for less than a three-year period shall be assessed a prorated fee. (b) The term of an urban farm accessory composting operation permit shall be for no more than three years. The three-year permit fee shall be $300.00. Permits for less than a three-year period shall be assessed a prorated fee. (Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 12-4-02, p. 99931, § 8.5; Amend Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 2-9-11, p. 112149, § 18; Amend Coun. J. 7-29-15, p. 4110, § 3; Amend Coun. J. 11-7-22, p. 54948, Art. III, § 7)

Municipal Code of Chicago § 11-4-2560 Permit - Term - Nontransferability.

11-4-2560 Permit - Term - Nontransferability. No permit issued under this article shall be transferable or assignable. (Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812)

Municipal Code of Chicago § 11-4-2565 Class V recycling facilities - Permitting, operational and recordkeeping requirements.

11-4-2565 Class V recycling facilities - Permitting, operational and recordkeeping requirements. (a) Application. In addition to the information required under Section 11-4-2530, the application for a permit for a Class V facility shall include the following information: (1) the name, address and telephone number of both the facility owner and operator; (2) a description of the tagging and recordkeeping procedures the facility will employ to (i) demonstrate compliance with the requirements of subsection (b) of this section; and (ii) identify the source and transporter of any material accepted by the facility; and (3) any other information that the commissioner may require. (b) Duties. An owner or operator of a Class V facility shall have the following duties: (1) to limit the percentage of incoming non-recyclable construction and demolition debris to 25% or less of the total incoming construction and demolition debris, as calculated per load by volume, so that 75% or more of the construction and demolition debris accepted per load by volume consists of recyclable construction and demolition debris; (2) within 48 hours of receipt of construction and demolition debris at the facility, to sort such debris in order to separate the recyclable construction and demolition debris from the non-recyclable construction and demolition debris to be disposed of or discarded; (3) within 24 hours of the separation of debris required under item (2) of this subsection (b), to transport off site for disposal, in accordance with all applicable federal, state and local requirements, all non- recyclable construction and demolition debris; (4) within 45 days of its receipt at the facility, to transport all putrescible recyclable construction and demolition debris or combustible recyclable construction and demolition debris to a properly permitted recycling or disposal facility; (5) within 3 months of its receipt at the facility, to transport all non-putrescible recyclable construction and demolition debris for recycling or disposal; (6) to employ tagging and recordkeeping procedures to (i) demonstrate compliance with the requirements of this subsection (b); and (ii) identify the source and transporter of material accepted by the facility; (7) to control odor, noise, combustion of materials, disease vectors, dust and litter; (8) to control, manage and dispose of any storm water runoff and leachate generated at the facility in accordance with applicable federal, state and local requirements; and (9) to control access to the facility. (c) Recordkeeping – Required. An owner or operator of a Class V facility shall keep and maintain on file for a period of three years written records containing the following information: (1) the total tonnage or cubic yards of all non-recyclable construction and demolition debris accepted at the facility per load, as calculated on a daily basis; (2) the name and location of each disposal site used for the disposal of any non-recyclable construction and demolition debris accepted at the facility; (3) the percentage of non-recyclable material transported to each disposal site required to be identified under paragraph (2) of this subsection (c); (4) the total tonnage or cubic yards of all recyclable material accepted at the facility per load, as calculated on a daily basis; (5) the name and location of the individual, facility or business to which such recyclable material is transported; (6) the percentage of recyclable material transported to each individual, facility or business required to be identified under paragraph (5) of this subsection (c); and (7) any other information that the commissioner may require. (d) Permit revocation. In addition to any other penalty provided by law, the commissioner may revoke the permit of the owner and/or operator of a Class V facility (1) for any violation of this section or article; or (2) if such owner/and or operator is 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. 2-9-11, p. 112149, § 19)

Municipal Code of Chicago § 11-4-2570 Recyclable materials - Designated.

11-4-2570 Recyclable materials - Designated. Facilities permitted under this article shall collect, process and store only recyclable materials as defined in Section 11-4-2510. Unauthorized materials, including but not limited to municipal solid waste and stolen goods including recyclables intended for collection by the department of streets and sanitation but not delivered by the department or its agent shall not be accepted at the facility. (Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812)

Municipal Code of Chicago § 11-4-2580 Recyclable materials - Segregation and storage.

11-4-2580 Recyclable materials - Segregation and storage. Recyclable materials shall be segregated and stored in receptacles or enclosures constructed of approved materials or in another manner approved in the permit as directed by the commissioner. Newsprint, paper, corrugated paper and cardboard shall be stored in closed containers, and storage of such material shall comply with all applicable provisions of the Municipal Code, including all ordinances relating to fire prevention. (Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 4-9-08, p. 24657, § 6)

Municipal Code of Chicago § 11-4-2590 Recyclable materials - Receptacles.

11-4-2590 Recyclable materials - Receptacles. Unless alternate storage methods have been approved pursuant to Section 11-4-2580, receptacles in Class I, II, III, and IV recycling facilities shall be clearly marked with the type of recyclable material to be deposited. Letters shall not be less than three inches high. No material other than that specified on a receptacle shall be deposited therein. (Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 4-9-08, p. 24657, § 6)

Municipal Code of Chicago § 11-4-2600 Recyclable materials - Storage areas to be kept clean.

11-4-2600 Recyclable materials - Storage areas to be kept clean. The area surrounding receptacles for the temporary storage of recyclable materials shall at all times be maintained in a clean and sanitary manner. No recyclable materials or waste materials of any kind shall be allowed to accumulate around any receptacle or to overflow from any receptacle. (Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812)

Municipal Code of Chicago § 11-4-2610 Building and fire regulations - Applicable.

11-4-2610 Building and fire regulations - Applicable. Storage of recyclable material within a completely enclosed building shall be permitted subject to the building and fire regulations of the Municipal Code. (Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812)

Municipal Code of Chicago § 11-4-2620 Storage time limit - Maintenance of records.

11-4-2620 Storage time limit - Maintenance of records. No recyclable materials shall be stored at any recycling facility for longer than 90 days except for processed, recyclable materials as approved in the permit. Each permittee under this article shall maintain records which indicate the date, quantity and type of recyclable materials received. Disposition records shall also be kept which indicate the type, quantity and date of disposition of recyclable materials. Such records shall be open to inspection by the commissioner or his authorized agent during normal business hours and at other times upon reasonable notice. (Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

Municipal Code of Chicago § 11-4-2625 Prohibited and regulated materials.

11-4-2625 Prohibited and regulated materials. (a) For purposes of this section only the term "retail transaction" means the purchase, acceptance or receipt by a recycling facility of any material designated as regulated or prohibited from a person who: (1) delivers the material to the facility in a push cart, shopping cart or other similar method; or (2) is not a regular customer with an established customer account. The commissioner may, in rules and regulations, set criteria for an established customer account, including any documentation required to be maintained as part of the account. A retail transaction does not include donations from, or the purchase or receipt of regulated or prohibited material from: (1) another recycling or junk facility; or (2) a governmental entity. (b) The commissioner may, in rules and regulations, designate certain types of recyclable materials as either prohibited or regulated materials. (c) In retail transactions, a permittee shall only accept, receive or purchase regulated material if the permittee: (1) keeps a record in English which is either typed or printed in ink or maintained in a computer database at the time of acceptance of any regulated material and which legibly and accurately describes: (i) the regulated material accepted, received, or purchased; (ii) the date of the transaction; (iii) a description and license plate number of any vehicle used to deliver the material; and (iv) the name and a copy of the photo identification of the person required in subsection (c)(2) of this section; and (2) requires, at the time of the transaction, photo identification issued by a federal, state or local governmental entity or by a foreign government through its consular offices, including, but not limited to, a Matricula Consular (CID) card issued by the Mexican consulate, that lists the name and address of the person from whom the permittee is accepting, receiving or purchasing the regulated material or a valid passport accompanied by a utility bill or other written proof of the person's current address. (d) In retail transactions, a permittee shall only accept, receive or purchase prohibited material if the permittee: (1) complies with subparagraphs (c)(1) and (2) of this section; and (2) can demonstrate through receipts or other documentation from a credible source, such as the owner of the prohibited materials, that the prohibited materials are intended to be recycled. (e) No record made pursuant to this section shall be erased, obliterated or defaced, except as provided in rules and regulations. (f) All records required by this section shall at all times during the permittee’s business hours, and at all other times upon reasonable notice, be made available for inspection by the commissioner or his authorized agent, or any member of the police department. Upon the request of the commissioner or any member of the police department, the permittee shall provide photocopies of such records to the Department of the Environment or the police department. (g) Any person who violates any provision of this section or any rule or regulation promulgated hereunder shall be fined not less than $250.00 nor more than $1,000.00 for each offense. In addition, a violation of any of the provisions of this section shall constitute grounds for revocation or suspension of the permit. The revocation or suspension of the permit shall be in addition to any fines imposed under this section. It shall be a defense to an alleged violation of subsection (c) or (d) of this section that any error in any record required by those subsections was a bona fide clerical error. The person asserting the defense must prove by clear and convincing evidence that: (1) the violation was not intentional and resulted solely from a clerical error notwithstanding the maintenance of procedures reasonably adopted to avoid such errors; and (2) upon discovery of the clerical error, the person has: (i) taken immediate measures to correct the error; (ii) adopted corrective procedures to prevent additional errors; and (iii) immediately notified the commissioner of the clerical error. (Added Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 12-17-08, p. 51316, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 7-25-12, p. 31401, § 1; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 6)

Municipal Code of Chicago § 11-4-2630 Inspection.

11-4-2630 Inspection. (a) Class I recycling facilities shall be inspected by the owner or operator or an employee of the facility at least once every 24 hours. (b) During all operating hours, Class II, III, and IV recycling facilities shall have the owner, operator or an employee responsible for operations on site at all times. If the facility remains closed for more than 24 hours, the owner, operator or employee shall inspect the facility at least once every 24 hours. (Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 4-9-08, p. 24657, § 6)

Municipal Code of Chicago § 11-4-2640 Facility requirements.

11-4-2640 Facility requirements. In addition to any other requirements under the Code, rules or a permit and its conditions, recycling facilities requiring a permit under this article shall meet the following requirements: (a) Receptacles for the storage of recyclable materials, any processing equipment and other facility operations shall be located on paved or concrete surfaces which may include asphalt, stone or gravel when deemed appropriate by the commissioner or completely enclosed within a building; (b) Adequate parking and driveway facilities shall be provided in accordance with the Chicago Zoning Ordinance; (c) Each facility shall have a sign, clearly visible to the public, which states the name, address and telephone number of the permittee, the type of recyclable materials accepted, and the hours during which the facility shall be open to the public; (d) Every premises or enclosure, except a completely enclosed building, now or hereafter used as a recycling facility, shall be entirely surrounded by a solid fence eight feet in height which is so constructed as to completely obscure all materials stored or kept within the boundaries thereof, provided that, if the commissioner determines that it would be physically impractical to comply, the commissioner may waive the requirements that all such stored or kept materials must be completely obscured. (e) In addition to the requirements set forth in subsections (a) through (d), inclusive, of this section, the following requirements shall apply to Class III facilities as defined in Section 11-4-2540: (1) In addition to any permit required under this Article XX, composting facilities shall obtain, prior to beginning composting operations, at such facility, all applicable permits required under federal, State or local law, including, but not limited to, any applicable Solid Waste Permit or Compost Facility Permit issued by the Illinois Environmental Protection Agency pursuant to Part 807 or Part 831 of Subchapter I of Chapter I(7) of Subtitle G of Title 35 of the Illinois Administrative Code, as amended. (2) Composting facilities shall meet or otherwise comply with all applicable performance standards for organic waste compost facilities and with all applicable testing procedures and standards for the end-product compost produced by organic waste compost facilities, as set forth in rules issued by the Illinois Pollution Control Board pursuant to authority granted to such Board under subsections (b) and (e) of Section 22.34 of the Illinois Environmental Protection Act. (3) All organic waste and livestock waste shall, by the end of each operating day, be processed and placed into an enclosed vessel in which air flow and temperature are controlled. For purposes of this item (3), an enclosed vessel may include an anaerobic digestor and its ancillary equipment. Provided, however, that if all of the requirements set forth in paragraphs (19)(B)(i) through (19)(B)(iv), inclusive, of Section 3.330(a) of the Illinois Environmental Protection Act are met, organic waste and livestock waste may, by the end of each operating day, be processed into windrows or other piles if such windrows or other piles are covered in a manner that prevents scavenging by birds and animals and prevents other nuisances. (4) Composting facilities shall contract with a structural pest control business duly licensed by the State of Illinois to inspect the facility each week for rodents and other vectors, and to take, as often as necessary, rodent and vector abatement measures, including, but not limited to, the use of bait stations or traps to eliminate, reduce and control rodents and other vectors at the facility. The permittee shall maintain on site a written record of all inspections and abatement measures conducted at the permitted facility, including the date and time of such inspections and abatement measures and a detailed description of any abatement measures taken on such date. (f) Every facility that accepts any small appliance, room air conditioning appliance, motor vehicle air conditioner (M.V.A.C.), or M.V.A.C.-like appliance, as those terms are defined in 40 C.F.R. Part 82, Subpart F, where applicable, shall comply with all requirements of 40 C.F.R. Section 82.156(f) in connection with any such appliance or item, and shall either (i) recover any remaining refrigerant from the appliance or item in accordance with 40 C.F.R. Section 82.156(f), or (ii) verify that the refrigerant has been evacuated from the appliance or item in accordance with 40 C.F.R. Section 82.156(f). (g) If the recycling facility purchases, accepts or receives from any person any material designated in duly promulgated rules and regulations as a regulated or prohibited material, such recycling facility shall be equipped with sufficient surveillance cameras capable of monitoring all customers and motor vehicles weighing materials at the facility. The surveillance cameras required under this subsection shall be (1) maintained in good working order; (2) operated at all times when the recycling facility is open for business to its customers or the general public; (3) installed at each scale used to weigh materials delivered to the facility; and (4) illuminated in such a manner so as to identify persons and motor vehicles weighing materials at the recycling facility. The recordings made by the required surveillance cameras shall be maintained on-site for at least 30 days after such recording occurs. Upon request by any authorized city official, the permittee shall make such recordings available for inspection by such authorized city official. (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, § 2; Amend Coun. J. 7-25-12, p. 31401, § 2; Amend Coun. J. 11-7-22, p. 54948, Art. III, § 8)

Municipal Code of Chicago § 11-4-2645 Identification of vehicles.

11-4-2645 Identification of vehicles. Every vehicle used by a recycling facility off the premises of the recycling facility for the collection, transportation or disposal of any recyclable material shall display on each side of the vehicle in letters not less than two inches in height, in contrasting color, the name, address, telephone number and permit number of the recycling facility. (Added Coun. J. 10-7-98, p. 78812)

Municipal Code of Chicago § 11-4-2650 Exemptions from Article XX provisions.

11-4-2650 Exemptions from Article XX provisions. (a) Nothing contained in this Article XX shall apply to the recycling or recovery of waste materials by a manufacturer for reuse in a manufacturing process, or to the purchase of recycled materials by a manufacturer for use as a raw material in a manufacturing process. For purposes of this exemption, a manufacturer is a person who possesses a valid manufacturing license pursuant to Chapter 4-224 of this Code. (b) A facility intending to compost landscape waste or organic waste generated on-site and for reuse on-site at the facility shall not be required to obtain a Class III recycling permit under this Article XX, if such facility is exempt under subsections (3) and (4) of Section 7-28-715 from having to obtain a permit to engage in the applicable composting operation. Provided, however, that any operation to compost landscape waste or organic waste generated on-site for reuse on-site at such a facility shall comply with the general composting standards set forth in subsection (2) of Section 7-28-715. (Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 6-9-10, p. 93530, § 3; Amend Coun. J. 10-27-21, p. 39543, Art. VI, § 2)

Municipal Code of Chicago § 11-4-2655 Inspection by the police department.

11-4-2655 Inspection by the police department. Every facility shall, at all reasonable times, be open for inspection by any member of the police department. (Added Coun. J. 4-9-08, p. 24657, § 6)

Municipal Code of Chicago § 11-4-2657 Prohibited activities.

11-4-2657 Prohibited activities. No recycling facility permittee shall: (a) receive any article or thing by way of pledge or pawn, nor shall such permittee loan or advance any sum of money on the security of any article or thing; (b) receive or hold a license to conduct the business of pawnbroker, secondhand dealer or itinerant dealer in secondhand clothing; (c) purchase any article whatsoever from any minor without the written consent of the minor's parent or guardian; (d) purchase any article from any person who appears to be intoxicated or under the influence of any drug; (e) keep, maintain or conduct a place for the purchase, reception or keeping of stolen goods; (f) accept, receive, purchase or acquire any charred metal unless the permittee can demonstrate through receipts or other documentation approved by the commissioner that the material has come from a properly licensed company which has and uses processing equipment with the appropriate functioning emission control devices to remove coatings on the wire; (g) sort through garbage for the purpose of recovering recyclable material without first obtaining a waste handling facility permit issued under Section 11-4-1520; (h) accept, receive, purchase or acquire any material that is delivered to the facility in any (1) city-owned or government-owned garbage container or cart; or (2) city-owned or government-owned recycling container or cart; or (3) retail store shopping cart of the type commonly provided by big-box stores and supermarkets for use by customers to transport merchandise to the checkout counter during shopping; (i) purchase, or otherwise acquire for consideration of any type, any catalytic converter that is not attached to a motor vehicle unless the detached catalytic converter is accompanied by the motor vehicle from which it was removed, or any portion of a dismantled catalytic converter that is reasonably identifiable as such, unless the person selling, disposing of or otherwise transferring such catalytic converter or portion thereof to the permittee: (1) is a properly licensed motor vehicle repair shop under Chapter 4-228 of this Code and provides the permittee with a copy of the invoice required under Section 4-228-217(b), or (2) is another properly permitted Class IVA or Class IVB recycling facility under Chapter 11-4 of this Code, and in addition (3) is a regular customer of the permittee with an established customer account within the meaning of Section 11-4-2625(a) containing proof of the required licensure and meeting the criteria for an established customer account as set forth in the department’s rules and regulations governing such accounts. Provided, however, that if a motor vehicle repair shop is located outside of the corporate limits of the city and is not required to be licensed under Chapter 4-228 of this Code, such motor vehicle repair shop shall: (i) provide the permittee with all of the information set forth in Section 4-228-217(b) pertaining to the catalytic converter or portion thereof that is being sold, disposed of or transferred to the permittee, and (ii) have an established customer account with the permittee meeting the criteria for an established customer account as set forth in the department’s rules and regulations governing such accounts. In addition to any other penalty provided by law, any person who violates this subsection (i) shall be fined not less than $1,000.00 nor more than $2,000.00 for the first violation; not less than $2,000.00 nor more than $3,500.00 for the second violation for the same offense within one year of the first offense; and not less than $3,500.00 nor more than $5,000.00 for the third and each subsequent violation for the same offense within one year of the previous offense; or (j) purchase, or otherwise acquire for consideration of any type, any air bag that is not attached to a motor vehicle unless the detached air bag is accompanied by the motor vehicle from which it was removed, or any portion of a dismantled air bag that is reasonably identifiable as such, unless the person selling, disposing of or otherwise transferring such air bag or portion thereof to the permittee: (1) is a properly licensed motor vehicle repair shop under Chapter 4-228 of this Code and provides the permittee with a copy of the invoice required under Section 4-228-218(b), or (2) is another properly permitted Class IVA or Class IVB recycling facility under Chapter 11-4 of this Code, and in addition (3) is a regular customer of the permittee with an established customer account within the meaning of Section 11-4-2625(a) containing proof of the required licensure and meeting the criteria for an established customer account as set forth in the department’s rules and regulations governing such accounts. Provided, however, that if a motor vehicle repair shop is located outside of the corporate limits of the City and is not required to be licensed under Chapter 4-228 of this Code, such motor vehicle repair shop shall: (i) provide the permittee with all of the information set forth in Section 4-228-218(b) pertaining to the air bag or portion thereof that is being sold, disposed of or transferred to the permittee, and (ii) have an established customer account with the permittee meeting the criteria for an established customer account as set forth in the department’s rules and regulations governing such accounts. In addition to any other penalty provided by law, any person who violates this subsection (j) shall be fined not less than $2,000.00 nor more than $4,000.00 for the first violation; not less than $4,000.00 nor more than $6,000.00 for the second violation for the same offense within one year of the first offense; and not less than $6,000.00 nor more than $8,000.00 for the third and each subsequent violation for the same offense within one year of the previous offense. (Added Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 6-9-10, p. 93530, § 4; Amend Coun. J. 7-25-12, p. 31401, § 3; Amend Coun. J. 5-6-15, p. 108540, § 7; Amend Coun. J. 11-7-18, p. 88803, § 31; Amend Coun. J. 6-17-26, p. 45172, § 7)

Municipal Code of Chicago § 11-4-2660 Rules and regulations authorized.

11-4-2660 Rules and regulations authorized. The commissioner shall promulgate rules and regulations necessary to implement the provisions of this Article XX. Such rules and regulations may include, but are not limited to, requirements for electronic reporting of valuable or uniquely identifiable recyclable materials. The commissioner is authorized to evaluate and approve for use under this chapter new technologies for composting. (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, § 5; Amend Coun. J. 5-6-15, p. 108540, § 8)

Municipal Code of Chicago § 11-4-2670 Reserved. Editor's note – Coun. J. 9-27-07, p. 9208, § 2, repealed § 11-4-2670, which pertained to permit revocation and suspension procedure.

Municipal Code of Chicago § 11-4-2680 Violation - Penalty.

11-4-2680 Violation - Penalty. (a) Unless otherwise provided in this article, penalties imposed for violations of any provisions of this article shall be not less than $600 nor more than $2,500 for the first violation; not less than $1,000 nor more than $5,000 for the second violation for the same offense within one year; and not less than $1,500 nor more than $10,000 for the third and each subsequent violation for the same offense within one year for each offense. Each day that a violation continues shall constitute a separate and distinct offense. (b) The commissioner may inspect or cause the inspection of a recycling facility or an urban farm accessory composting operation in order to determine compliance with this article, the rules and regulations promulgated hereunder, a recycling facility or an urban farm accessory composting operation permit and its conditions and other applicable laws and ordinances. The commissioner may issue an emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code, and may require any such facility or operation 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 recycling or composting material, or other activity on the premises, in violation of this article, a recycling material facility or an urban farm accessory composting operation permit or its conditions or the rules and regulations promulgated hereunder, or (ii) the facility or operation 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. (c) If the commissioner determines that any activity regulated under this article is proceeding in violation of provisions of this article and such activity 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 or may abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code. (d) If the commissioner determines that any activity regulated under this article is proceeding in violation of any of the provisions of this article but that such activity has not created, or is not creating an imminent and substantial risk to the public health or safety or to the environment, the commissioner may provide the property owner, contractor 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. In the event that any person fails to abate such nuisance in accordance with the commissioner's notice 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. (e) In addition to any other penalties imposed in this article, the city shall be entitled to recover a penalty or cost as provided in Section 11-4-025 of this Code. (Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 3-31-04, p. 20916, § 3.31; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 7-29-15, p. 4110, § 3; Amend Coun. J. 12-19-25, p. 38125, Art. II, § 5)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2655810Fetched: 10/24/2026