§ 11-4-120


Except as otherwise defined for purposes of a specific subsection, section, article or chapter in this Title 11, whenever the following words and phrases are used in this Title 11, they shall have the meanings ascribed to them in this section:

ANSI” means American National Standards Institute or its successor bodies.

Architectural coating” means any coating used for residential, commercial or industrial buildings and their appurtenances that is on-site applied.

ARI” means Air Conditioned and Refrigeration Institute or its successor bodies.

Asbestos” means a fibrous, rock-forming mineral including, but not limited to, such amphibole varieties as tremolite, actinolite, anthophyllite, grunerite, richterite, edenite, amosite, crocidolite and such serpentine varieties as amianthus and chrysolite as well as synthetic asbestos fibers including, but not limited to fluor-tremolite, fluor-richerite and fluor-edenite.

Ashes” means and includes cinders, fly ash or any other solid material resulting from combustion, and may include unburned combustibles.

ASHRAE” means American Society of Heating, Refrigeration and Air Conditioning Engineers or its successor bodies.

ASME” means the American Society of Mechanical Engineers.

ASTM” means the American Society for Testing Materials or its successor bodies.

Authorized representative” means any individual, firm or corporation designated by a “person”, as defined in this section, who shall be given authority to act for such “person” in all matters pertaining to the department of health.  Such authorization must be transmitted to such department in writing.

Auxiliary fuel firing equipment” means equipment to supply additional heat, by the combustion of an auxiliary fuel, for the purpose of attaining temperatures sufficiently high (a) to dry and ignite the waste material, (b) to maintain ignition thereof, and (c) to promote complete combustion of combustible solids, vapors and gases.

Baffling” means any row, rows, plane, planes or refractory or other material that causes the gases in a steam boiler or other vessel, duct or device to assume a definite or predetermined path of travel before reaching the chimney or smoke stack.

Bessemer converters and pneumatic steelmaking processes” means processes by which steel is made directly from molten iron or scrap metal by forcing gases through or over the molten metal to oxidize and carry off the carbon and other impurities in the metal.

“Beverage equipment.” See definition of “dairy equipment”.

Biweekly” means occurring every two weeks.

Blast furnace and auxiliary equipment” means the furnace and equipment used in connection with the smelting process of reducing metallic ores to molten metal in order to remove, primarily, the oxygen from the ore and producing gas as a by-product. The furnace and equipment consists of, but is not limited to, the furnace proper, charging equipment, stoves, bleeders, gas dust catcher, gas cleaning devices and other auxiliaries pertinent to the process.

Boiler burning fuel in suspension” means any fuel-burning device in which fuel is conditioned or pulverized previous to admitting the fuel into the furnace for combustion. The combustion process is completed with the fuel in suspension.

Breeching” means any conduit for the transport of products of combustion or processes to the atmosphere or to any intermediate device before being discharged into the atmosphere. It does not include the chimney or stack.

Bridgewall” means any wall at the rear of the gate or stoker that acts as a deflector or radiant heat reflector for the furnace gases and as a stop to the fuel bed or a rear wall of the ash pit.

British thermal unit” means the quantity of heat required to raise one pound of water from 59 degrees Fahrenheit to 60 degrees Fahrenheit (abbreviated B.T.U. or BTU).

“Building fires.” “A new fire being built” means the period during which a fresh fire is being started and does not mean the process of replenishing an existing fuel bed with additional fuel.

Byproduct coke plant” means a plant used in connection with the distillation process to produce coke in which the volatile matter in coal is expelled, collected and recovered. Such plant consists of, but is not limited to, coal and coke handling equipment, byproduct chemical plant and other equipment associated with and attendant to the coking chambers or ovens making up a single battery operated and controlled as a unit.

Category of recyclable materials” means any of the following: newsprint; aluminum; steel and bimetallic cans; glass; plastics; office paper; low grade paper; cardboard and any other material designated by the commissioner by rule or regulation.

Cell” means that portion of compacted solid wastes in a landfill that is enclosed by natural soil or cover material during a designated period. The volume of compacted solid waste enclosed by natural soil and/or cover material in a sanitary landfill.

Chimney or stack” means any conduit, duct, vent, flue or opening of any kind whatsoever arranged to conduct any products of combustion to the atmosphere. It does not include breeching as defined herein.

Cinders” means particles not ordinarily considered as fly ash or dust because of their greater size, consisting essentially of fused ash and unburned matter.

Cleaning fires” means the act of removing ashes from the fuel bed or furnace.

Closure plan” means a plan describing the proposed engineering and other technical measures to be undertaken to terminate operation of a site or facility, to render the site or facility stable and safe for the public health and welfare and the proposed utilization of the site after terminating use of the facility on the site such as a waste handling facility, as a sanitary landfill, resource recovery facility, recycling facility, composting facility or transfer station.

“COH/1,000 linear feet (coefficient of haze per 1,000 linear feet)” means a measure of the optical density of a filtered deposit of particulate matter as given in ASTM Standard D 1704-61:

coh/1,000 linear feet = (area tape ft2) (100,000) log 100
(Vol. of air sample, ft3) % transmission

Combined sewer” means a sewer receiving both surface runoff and sewage.

Combustible refuse” means any combustible waste material containing carbon in a free or combined state other than liquids or gases.

“Combustion equipment or device.” See “Fuel- burning, combustion or process equipment or device”.

“Commercial/retail waste” includes materials discarded by stores, offices, office buildings, restaurants, warehouses, wholesale establishments, non- manufacturing activities and other similar establishments or facilities.

Commissioner” means commissioner of health of the City of Chicago.

Condensed fumes” means fumes which have cooled and returned to a liquid or solid.

Conservation vent valve” means a weight-loaded valve designed and used to reduce evaporation losses of volatile organic substances by limiting the amount of air admitted to or vapors released from the vapor space of a closed storage vessel.

Construction” means the installation or erection of any fuel-burning combustion or process equipment or device.

Construction and demolition debris” means materials resulting from the construction, remodeling, repair and demolition of utilities, structures, buildings, and roads, including but not limited to the following: bricks, concrete, and other masonry materials; soil; rock; wood, including painted, treated, and coated wood and wood products; wall coverings; plaster; drywall; plumbing fixtures; non-asbestos insulation; roofing shingles and other roof coverings; reclaimed asphalt pavement; glass; plastics; electrical wiring; and piping or metals incidental to any of those materials.

Cover material” means soil or other suitable material that is used to cover compacted solid waste in a sanitary landfill.

Criteria” means information used as guidelines for decisions when establishing air quality goals, air quality standards and the various air quality alert levels. In no case are criteria to be confused with air quality standards or goals.

Cupola” means a vertical furnace in which alternate layers of basic material and coke are charged to produce molten ferrous and nonferrous metal for the production of castings. Auxiliary equipment consists of, but is not limited to blowers, charging mechanism, collection equipment, heat exchangers and slagging equipment.

Dairy equipment, beverage equipment and food processing equipment” means that equipment used in the production of milk and dairy products, foods and beverages, including the processing, preparation or packaging thereof for consumption.

Damper, automatic or manual” means any device for regulating the volumetric flow of gas or air.

“Department” means department of health of the City of Chicago.

“Detergent.” See definition of “Synthetic detergent”.

Dispose” means to discharge, deposit, inject, dump, spill, leak or place any waste into or on any land or water or into any well so that such waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or be discharged into any water, including groundwaters.

Domestic refuse-burning equipment” means any refuse-burning equipment or incinerator used for a single-family residence, or for two residences either in duplex or double house form or for multiple-dwelling units in which such equipment or incinerator serves fewer than four apartments.

Down-draft furnace” means a furnace with two separate grates, one above the other; the top grate consists of water tubes, the bottom grate consists of common grate bars and is fed by half consumed fuel falling from the upper grate. The air for combustion enters the upper fire door and passes through the bed of green fuel on the upper grate and then over the incandescent fuel on the lower grate.

Dryer” means a device for drying by heat, forced ventilation or both; an apparatus such as a furnace, oven or revolving kiln for expelling moisture or volatiles by evaporation or volatization.

Dust” means particulate matter released into the air by natural forces, or any fuel-burning, combustion or process equipment or device, or by construction work, or by mechanical or industrial processes, such as crushing, grinding, filling, drilling, demolishing, shoveling, bagging, sweeping, covering, conveying, transferring, transporting and the like.

Dust-separating equipment” means any device for separating dust from the air or gas medium in which it is carried.

Electric furnace” means a furnace in which the melting and refining of metals is accomplished by means of electrical energy.

Engineer” means the person who designed or is responsible for the design of the equipment and who conceived, developed, executed or who is responsible for the design or preparation of the plan documents. He shall be a registered professional engineer as defined in Illinois Professional Engineering Act approved July 20, 1945, as amended.

Excess air” means that air supplied in addition to the theoretical quantity necessary for complete combustion of all fuel and/or combustible waste material present.

Expansion” means, with respect to any sanitary landfill, an increase in the horizontal boundary and/or vertical boundary of the area permitted for disposal by the department of health which allows an increase of waste disposal capacity at the landfill. A change of the horizontal and/or vertical boundary that does not allow increased disposal capacity shall not be deemed an expansion.

“Extension furnace (dutch oven)” means any masonry structure or combination of masonry and metal built on the front of a boiler or other combustion device for the purpose of obtaining additional furnace volume.

Final cover” means cover material that represents the permanently exposed final surface of a sanitary landfill.

Fire tubes” means those tubes surrounded by a cooling medium through which the hot gases of combustion pass.

Fly ash” means particulate matter capable of being gasborne or airborne and consisting essentially of fused ash and burned or unburned material.

“Food processing equipment.” See definition of “dairy equipment”.

Food service establishment” means any fixed or mobile restaurant, coffee shop, cafeteria, short-order café, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, roadside stand, industrial feeding establishment, private, public or nonprofit organization or institution routinely serving food, catering kitchen, commissary or similar place in which food is placed for sale or served on the premises or elsewhere and any other eating or drinking establishment or operation where food is served or provided for the public, with or without charge.

Foundries, ferrous and nonferrous” means the processes, devices and equipment used for the purpose of production of castings, other than die-castings, from basic material. Such processes, devices and equipment consist of, but are not limited to, charging equipment, furnaces, collection equipment and cleaning operations. Basic materials used include, but are not limited to, iron, brass, aluminum and magnesium.

“Fuel” means any form of combustible matter, solid, liquid, vapor or gas.

Fuel-burning, combustion or process equipment or device” means any furnace, incinerator, compactor, fuel-burning equipment, refuse-burning equipment, boiler, apparatus, device, mechanism, fly ash collector, electrostatic precipitator, smoke arresting or prevention equipment, stack, chimney, breeching or structure, used for the burning of fuel or other combustible material, or for the emission of products of combustion or used in connection with any process which generates heat and may emit products of combustion; and shall include process furnaces, such as heattreating furnaces, byproduct coke plants, coke-baking ovens, mixing kettles, cupolas, blast furnaces, open hearth furnaces, heating and reheating furnaces, puddling furnaces, sintering plants, Bessemer converters, electric steel furnaces, ferrous foundries, nonferrous foundries, kilns, stills, dryers, roasters and equipment used in connection therewith and all other methods or forms of manufacturing, chemical, metallurgical or mechanical processing which may emit smoke or particulate, liquid, gaseous or other matter.

Fuel dealer” means any person who sells or delivers solid fuel or fuel oil directly to the ultimate consumer, without regard to price, quantity or frequency of delivery.

Fuel oil” means oil commonly used as a fuel.

“Furnace” means an enclosed space provided for the ignition or combustion of fuel.

Furnace volume” means the volume of the chamber or enclosure in which the combustion process takes place.

Garbage” means waste resulting from the handling, processing, preparation, cooking and consumption of food or wastes from the handling, processing, storage and sale of produce.

“Gross vehicle weight rating (GVWR)” means the value specified by the manufacturer as the maximum recommended loaded weight of a single vehicle.

Ground or comminuted garbage” means wastes from the preparation, cooking and dispensing of foods that have been comminuted to such a degree that all particles will be carried freely in suspension under conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

Hazardous substance” means (a) any substance designated pursuant to Section 311(b)(2)(A) of the Federal Water Pollution Control Act (P.L. 92-500), as amended, (b) any element, compound, mixture, solution, or substance designated pursuant to Section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (P.L. 96-510), as amended, (c) any hazardous waste, (d) any toxic pollutant listed under Section 307(a) of the Federal Water Pollution Control Act (P.L. 95-95), as amended, (e) any imminently hazardous chemical substance or mixture with respect to which the Administrator of the U.S. Environmental Protection Agency has taken action pursuant to Section 7 of the Toxic Substances Control Act (P.L. 94-469), as amended. The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (a) through (e) of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel or mixtures of natural gas and such synthetic gas.

Hazardous waste” means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed, or which has been identified by characteristics or listing as hazardous pursuant to Section 3001 of the Resource Conservation and Recovery Act of 1976, P. L. 94-580 as amended, or pursuant to regulations promulgated by the Illinois Pollution Control Board.

Heating and reheating furnace” means a furnace in which metal is heated to permit shaping or forming or to achieve specific physical properties.

Heating boiler” means a boiler in which the steam or vapor pressure is not more than 15 pounds per square inch above atmospheric pressure or at a temperature not exceeding 250 degrees Fahrenheit. (This includes steam heating, hot water heating and hot water supply boilers which are directly fired with oil, gas, electricity or coal and for operations at or below the pressure and temperature limits set forth in Section 4 of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code.)

Heating surface” means any surface having steam, water or other fluid on one side and hot gases on the other side as found in a boiler or a warm air heating furnace not excepting any surface covered by arches or refractory.

Heating value” means the heat released by combustion of one pound of waste or fuel measured in BTU’s on an as-received basis. For solid fuels the heating value shall be determined using ASTM Standard D 2015-66.

“High pressure boilers.” See “power boilers”.

Household waste” means any solid waste (including garbage, trash and sanitary waste in septic tanks) derived from households (including single and multiple residences, apartment buildings and complexes, hotels, motels, and other similar permanent or temporary housing, picnic grounds, campgrounds and day-use recreation areas).

Incinerator” means an enclosed device using controlled flame combustion designed for high temperature operation in which combustible wastes are ignited and burned efficiently so that the solid residues contain little or no combustible materials.

Includingshall be construed as a term of enlargement and not a term of limitation or enumeration.

Indirect heat exchanger” means equipment in which fuel is burned for the primary purpose of producing steam, hot water, hot air or other indirect heating liquids, gases or solids, in which the products of combustion do not come into direct contact with process materials. Fuels may include, but are not limited to coal, coke, lignite, coke breeze, gas, fuel oil and wood but do not include refuse. When any products or byproducts of a manufacturing process are burned for the same purpose or in conjunction with any fuel, the same maximum limitations shall be governed by the most stringent limitation when refuse burning and indirect heat exchanger emissions are both considered.

Industrial cleaning equipment” means machinery and other tools used in cleaning processes during the course of industrial manufacturing, production and assembly.

Industrial lunchroom and office waste” includes corrugated boxes, plastic film, wood pallets, office papers and lunchroom wastes.

Industrial process waste” means any liquid, solid, semisolid, or gaseous waste generated as a direct or indirect result of the manufacture of a product or the performance of a service. Any such waste which would pose a present or potential threat to human health or to the environment or with inherent properties which make the disposal of such waste in a landfill difficult to manage by normal means is an industrial process waste. “Industrial process waste” includes but is not limited to spent pickling liquors, cutting oils, chemical catalysis distillation bottoms, etching acids, equipment cleanings, paint sludges, incinerator ashes, core sands, metallic dust sweepings, asbestos dust, hospital pathological wastes and off-specification, contaminated or recalled wholesale or retail products. Specifically excluded are uncontaminated packaging materials, uncontaminated machinery components, general household waste, landscape waste and construction of demolition debris.

Institutional waste” includes materials discarded by schools, libraries, hospitals (non-medical materials), and by non-manufacturing activities at prisons and government facilities, and other similar establishments or facilities.

Intercepting sewer” means any sewer built or maintained by the Metropolitan Water Reclamation District for the purpose of receiving sewage or combined sewage and storm flow from one or more local sewers.

Internal combustion engine” means an engine in which combustion of gaseous, liquid or pulverized solid fuel takes place within one or more cylinders.

IEC” means International Electrotechnical Commission or its successor bodies.

ISO” means International Organization for Standardization or its successor bodies.

Kiln” means a furnace or a heated chamber used for the purpose of hardening, burning or drying in the manufacturing of such products as clay, brick, cement, pottery, ceramics, limestone, etc.

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).

Leachate” means any liquid, including any suspended components in the liquid, that come in contact with, percolate through, or are drained from wastes materials.

Liquid waste handling facility” means a facility which treats, disposes of or otherwise manages liquid waste, liquid special waste or liquid hazardous waste.

Liquid wastes” means refuse which maintains the physical state of continuous volume relatively independent of pressure and which takes the shape of its container at ambient temperature.

Low density dwelling” means a residential building which receives solid waste collection service from the City of Chicago.

“Low pressure boilers.” See “heating boilers”.

Machine dishwasher” means equipment manufactured for the purpose of cleaning dishes, glassware and other utensils involved in food preparation, consumption or use, using a combination of water agitation and high temperatures.

Manufacturing process” means any action, operation or treatment embracing chemical, industrial manufacturing or processing factors, methods or forms including, but not limited to, furnaces, kettles, ovens, converters, cupolas, kilns, crucibles, stills, dryers, roasters, crushers, grinders, mixers, reactors, regenerators, separators, filters, reboilers, columns, classifiers, screens, quenchers, cookers, digestors, towers, washers, scrubbers, mills, condensers or absorbers.

Maximum allowable emission rate” means the maximum amount of an air contaminant which may be emitted into the outdoor air during any prescribed interval of time.

Mechanical combustion equipment or mechanically fired apparatus” means fuel-burning, combustion or process equipment or devices in which the fresh fuel or combustion material is mechanically introduced from outside the furnace into the zone of combustion, the same being actuated by controls; provided, however, that where the commissioner finds as a fact and so certifies that any surface-burning type (hand-fired) equipment is so designed as automatically to burn the fuel or combustible materials in a manner not to violate the provisions of this chapter, such equipment will be considered as mechanical combustion equipment or mechanically fired apparatus within the meaning of this chapter.

The Metropolitan Water Reclamation District” means the municipal corporation organized and existing under the laws of the State of Illinois enacted by the Illinois State Legislature July 1, 1889, entitled “An Act to Create Sanitary Districts and to Remove Obstructions in the Des Plaines and Illinois Rivers” as amended.

Modified transfer station” means a transfer station that accepts only (1) landscape waste, as defined in this Section 11-4-120; and/or (2) construction and demolition debris, as defined in this Section 11-4-120.

Motor vehicle” means any passenger vehicle, truck, truck-trailer or semitrailer propelled or drawn by mechanical power.

Municipal waste” means garbage, household waste, commercial/retail waste, institutional waste, industrial lunchroom and office waste, landscape waste, and construction or demolition debris.

Municipal waste incinerator” means a combustion apparatus in which municipal waste is burned.

Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface water.

New equipment” means equipment, the design of which was less than 50 percent completed on July 1, 1970.

Non-steady noise” means a noise whose level shifts significantly during the period of observation.

Odor unit” means one cubic foot of air at the odor threshold.

Oil-effluent water separator” means any tank, box sump or other container or group of such containers in which any organic material floating on, entrained or contained in water entering such containers is physically separated and removed from such water prior to the exit from the container of such water.

Open burning” means the combustion of any matter in the open or in an open dump.

Open dumping” means the consolidation of refuse from one or more sources at a disposal site that does not fulfill the requirements of a sanitary landfill.

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.

“Person” means any individual natural person, trustee, court-appointed representative, syndicate, association, partnership, firm, club, company, corporation, business trust, institution, agency, government corporation, municipal corporation, city, county, municipality, district or other political subdivision, department, bureau, agency or instrumentality of federal, state or local government, contractor, supplier, vendor, installer, operator, user or owner, or any officers, agents, employees, factors, or any kind of representatives of any thereof, in any capacity, acting either for himself, or for any other person, under either personal appointment or pursuant to law, or other entity recognized by law as the subject of rights and duties. The masculine, feminine, singular or plural is included in any circumstances.

“Phosphorus.” See definition “Polyphosphate builder”.

Pollution” means the disposition, discharge emission or release of any material into the environment to the detriment or threat to the public health, safety or welfare. When used in reference to water, pollution means the discharge or deposit into waters of sewage, industrial wastes or other wastes containing soluble or insoluble solids of organic or inorganic nature which may deplete the dissolved oxygen content of such waters, contribute settleable solids that may form sludge deposits, contain oil, grease or floating solids which may cause unsightly appearance on the surface of such waters, or contains soluble material detrimental to aquatic life, all beyond the content of such like substances present in an equal volume of the effluent discharge from the sewage treatment works of the Metropolitan Water Reclamation District into similar receiving waters.

Polyphosphate builder or phosphorus” means a water softening and soil suspending agent made from condensed phosphates, including pyrophosphates, triphosphates, tripolyphosphates, metaphosphates and glassy phosphates, used as a detergent ingredient, but shall not include polyphosphate builders or phosphorus which is essential for medical, scientific or special engineering used under such conditions and regulation as may be prescribed by the commissioner of health.

Portable boiler” means a boiler used separately or in connection with a power shovel, a road roller, a hoist, a derrick or a pile driver, steam locomotives, diesel locomotives, steamboats, tugboats, tar kettles, asphalt kettles, all other portable equipment capable of emitting smoke, particulate or other matter.

Post-collection separation” means a process that separates or classifies solid waste after the point of collection and recovers recyclable materials that can be returned to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards of the marketplace.

Post-consumer material” means products generated by a business or a consumer which have served their intended uses and which have been separated or diverted from solid waste for purposes of collection, recycling and disposition.

Power boilers” means boilers in which the steam or vapor pressure is more than 15 pounds per square inch above atmospheric pressure. Power boilers also include electric boilers, miniature boilers, high temperature boilers and organic fluid boilers, in which the temperature exceeds 250 degrees Fahrenheit as set forth in Section 1 of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code.

Premises” means any real estate or real property.

Pressure tank” means a tank in which fluids are stored at a pressure greater than atmospheric pressure.

Processes or process equipment” means any action, operation or treatment embracing chemical, industrial or manufacturing factors, such as heattreating furnaces, byproduct coke plants, coke-baking ovens, mixing kettles, cupolas, blast furnaces, open hearth furnaces, heating and reheating furnaces, puddling furnaces, sintering plants, Bessemer converters, electric steel furnaces, ferrous and nonferrous foundries, kilns, industrial waste treatment systems, stills, dryers, roasters and equipment used in connection therewith, and all other methods or forms of manufacturing or processing which may emit smoke, particulate matter, other matter or other waste.

Process weight rate” means the actual weight or engineering approximation thereof of all materials except liquid and gaseous fuels and combustion air, introduced into any process per hour. For a cyclical or batch operation, the process weight rate shall be determined by dividing such actual weight or engineering approximation thereof by the number of hours of operations excluding any time during which the equipment is idle. For continuous processes, the process weight rate shall be determined by dividing such actual weight or engineering approximation thereof by the number of hours in one complete operation, excluding any time during which the equipment is idle.

“Public nuisance.” A violation of any emission limitation, performance standard or permit requirement set forth in this chapter shall be deemed and is hereby declared to be a public nuisance and as such is subject to abatement and/or cessation as provided for in Section 11-4-025 of this Code. Such abatement may be in addition to the administrative proceedings, fines and penalties herein provided.

Public right-of-way” means any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.

Recommended use level” means the amount of synthetic detergent or detergent which the manufacturer thereof recommends for use per wash load, at which said synthetic detergent or detergent will effectively perform its intended function.

Reconstruction” means any material change or alteration of any existing fuel-burning combustion or process equipment or device from the physical or operating condition for which approval was last obtained: or the addition, removal or replacement of any appurtenances or devices which materially affect the method or efficiency of preventing the discharge of pollutants into the atmosphere.

Recycle” or “recycling” means any process by which materials that would otherwise become municipal waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials for new, reused or reconstituted products, but does not include the recovery of materials for fuel in combustion or energy production processes.  This definition shall not prohibit any 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.

Recycled content” means goods, supplies, equipment, materials and printing containing secondary materials.

Recycling facility” means any building, portion of a building or area in which Type A, Type B, Type C or Type D recyclable material, as defined in Section 11-4-2510, is collected, stored, or processed for the purpose of marketing the material for use as raw material in the manufacturing process of new, reused or reconstituted products.

“Refuse” means garbage and rubbish.

Regular recycling service” means the recycling of at least four categories of recyclable materials by one or more of the following source separation and collection methods:


At least biweekly alley or curbside collection of recyclable materials by the City of Chicago, a private for-profit operation or a nonprofit operation;


Drop-off facilities or sites arranged in a network easily accessible and convenient to residents served; and/or


A buyback center within one mile of any low-density building not receiving collection or drop-off service.

Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, but excludes (a) any release which results in exposure to persons solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons; (b) emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine; (c) release of source, byproduct, or special nuclear material from a nuclear incident, as those items are defined in the Atomic Energy Act of 1954, if such release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under Section 170 of such Act; and (d) the normal application of fertilizer.

Remedial action” means those actions consistent with permanent remedy taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance into the environment, to prevent or minimize the release of hazardous substances so that they do not migrate to cause substantial danger to present or future public health or welfare or welfare of the environment. The term includes, but is not limited to, such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released hazardous substances or contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations repair or replacement of leaking containers, collection of leachate, and runoff, onsite treatment or incineration, provision of alternative water supplies, and any monitoring reasonably required to assure that such actions protect the public health and welfare and the environment. The term includes the costs of permanent relocation of residents and businesses and community facilities where it is determined that, alone or in combination with other measures, such relocation is more cost-effective than and environmentally preferable to the transportation, storage, treatment, destruction, or secure disposition offsite of hazardous substances, or may otherwise be necessary to protect the public health or welfare. The term includes offsite transport of hazardous substances, or the storage, treatment, destruction, or secure disposition offsite of such hazardous substances, or contaminated materials.

“Removal” or “removal action” means the cleanup or removal of released hazardous substances from the environment, such actions as may be necessary taken in the event of the threat of release of hazardous substances into the environment, such actions as may be necessary to monitor, assess and evaluate the release or threat of release of hazardous substances, the disposal of removed material, or the taking of such other actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare of the environment, which may otherwise result from a release or threat of release. The term includes, in addition, without being limited to, security fencing or other measures to limit access, provision of alternative water supplies, temporary evacuation and housing of threatened individuals, and any emergency assistance which may be provided under the Illinois Emergency Services and Disaster Agency Act of 1975, as amended, or any other law.

Resource recovery facility” means a facility using nonhazardous solid waste as fuel in a process specifically designed for the purpose of waste disposal, waste processing or volume reduction and which produces thermal energy or electricity as a by-product.

Ringelmann Chart” means the chart published and described in the U.S. Bureau of Mines Information Circular 8333.

Roaster” means a device used to effect the expelling of volatile matter or to effect oxidation as required in the manufacturing of such products as prepared meats, grain, coffee beans, nuts, etc.

RPM” means the engine crankshaft revolutions per minute.

SAE” means Society of Automotive Engineers or its successor bodies.

Sandblasting” means the abrasive cleaning of any architectural surface with the use of sand, shot, chemical processes or other grit removing substances.

Sanitary landfill” means a facility originally permitted under this chapter and operating prior to January 1, 1985, and permitted by the Illinois Environmental Protection Agency for the disposal of waste on land without creating nuisances or hazards to public health.

Secondary material” means any material recovered from or otherwise destined for the waste stream, including, but not limited to, post-consumer material, industrial scrap material and overstock or obsolete inventories from distributors, wholesalers and other companies, but such term does not include those materials and byproducts generated from, and commonly reused within, an original manufacturing process.

“Sewage” means a combination of water-carried wastes from residences, business buildings, institutional and industrial establishments, together with such ground surface and stormwaters as may be present.

Sewage system” means any network of sewers and appurtenances for collection, transportation and pumping of sewage and industrial wastes.

Sewage treatment works” means the arrangement of devices and structures for treating sewage and industrial wastes.

Sewage works” means all facilities used for collecting, pumping, treating and disposing of sewage and industrial wastes.

“Sewer” means any pipe or conduit for carrying sewage or other waste liquids.

Sintering plant” means the plant used in connection with the process of fusing fine particles of metallic ores causing agglomeration of such particles. Such plants consist of, but are not limited to, sintering machines, handling facilities, wind boxes, stacks and other auxiliaries pertinent to the process.

Smoke monitor” means a device using a light source and detector which can automatically measure and record the light-obscuring power of smoke at a specific location in the flue or stack of a source. Measuring and recording to be at intervals of not less than 15 seconds.

Solid fuel” means any material in its solid state capable of being consumed by combustion process.

Solid waste” means waste.

Soot” means agglomerated particles consisting essentially of carbonaceous material.

Spark-ignition powered motor vehicle” means a vehicle which is self-propelled by a spark ignition type of internal combustion engine, which includes, but is not limited to, engines fueled by gasoline, propane, butane and methane compounds.

Special waste” means any industrial process waste, pollution control waste or hazardous waste, as defined in regulations issued by the Illinois Pollution Control Board.

Stack or chimney” means a flue, conduit or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.

Stack spray” means a nozzle or series of nozzles installed in a stack above the breeching used to inject wetting agents at high pressure to suppress the discharge of particulate matter from the stack.

Standard conditions” means a gas temperature of 70 degrees Fahrenheit and a gas pressure of 29.92 inches mercury.

Standard Cubic Foot (scf). The standard cubic foot is a measure of the volume of gas under standard conditions.

Storage”, when used in connection with any waste material, means the containment of such waste on a temporary basis.

Storm sewer” means any pipe or conduit which carries storm surface water and drainage but excludes sewage and industrial wastes. It may, however, carry cooling waters and unpolluted waters.

Submerged loading pipe” means any loading pipe the discharge opening of which is entirely submerged when the liquid level is six inches above the bottom of the tank. When applied to a tank which is loaded from the side, any loading pipe the discharge of which is entirely submerged when the liquid level is 18 inches or two times the loading pipe diameter, whichever is greater, above the bottom of the tank. This definition shall also apply to any loading pipe which is continuously submerged during loading operation.

Synthetic detergent or detergent” means any cleaning compound which is available for household use, laundry use, other personal uses or industrial use, which is composed of organic and inorganic compounds, including soaps, water softeners, surface active agents, dispersing agents, foaming agents, buffering agents, builders, fillers, dyes, enzymes and fabric softeners, whether in the form of crystals, powders, flakes, bars, liquid sprays or other form.

Toxic substances” means any substance whether gaseous, liquid or solid which when discharged into the sewer system in sufficient quantities will interfere with any sewage treatment process, or will constitute a hazard to human beings or animals, or will inhibit aquatic life or create a hazard to recreation in the receiving waters of the effluent from the sewage treatment works of the Metropolitan Water Reclamation District.

Trade secret” means any scientific or technical information, design, process, procedure, formula or improvement, or business plan which is secret in that it has not been published or disseminated or otherwise become a matter of general public knowledge, and which has competitive value.

“Transfer station” means a site or facility that accepts waste for sorting and/or consolidation, and for further transfer to a waste disposal, treatment, or handling facility.

“Treatment” means any method, technique or process designed to change the physical, chemical or biological character or composition of any waste so as to neutralize such waste, or to render such waste nonhazardous, safer for transport, amenable for recovery, or reduced in volume.

True vapor pressure” means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute Bulletin 2517, Evaporation Loss From Floating Roof Tanks, 1962.

Unfired pressure vessel” means any tank or pressure vessel used to contain air, water or other substance under pressure, except tanks containing only water under pressure in the city mains, unless otherwise prescribed in other sections in the building provisions of this Code.

Unit operation” means methods where raw materials undergo physical change; methods by which raw materials may be altered into different states, such as vapor, liquid or solid without changing into a new substance with different properties and composition.

Unit process” means reactions where raw materials undergo chemical change, where one or more raw materials are combined and completely changed into a new substance with different properties and composition.

“Vehicle” means a self-propelled over-the-road mechanism such as a truck, machine, tractor, roller, derrick, crane, trencher, portable hoisting engine or automobile, or any conveyance used for carrying persons or things, trailer, semitrailer, boat, tug or other apparatus which is not ordinarily permanently installed in one location but is used in various places over a wide area, except electrically powered vehicles.

“Waste” means any discarded or abandoned material in solid, semisolid, liquid or contained gaseous form, including but not limited to, industrial process waste, hazardous waste, municipal waste, special waste, garbage, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, but excludes:


Sewage collected and treated in a municipal or regional sewage system; or


Recyclable materials managed in compliance with the provisions of this chapter and regulations of the City of Chicago.

Watercourse” means any channel, natural or artificial, whether lined or unlined for drainage of stormwater, groundwater or clear water.

Waters” means all waters of any river, stream, watercourse, pond or lake wholly or partly within or adjoining the territorial boundaries of the City of Chicago.

Zoning district” means those districts established by the City Zoning Ordinance (Title 17 of this Code).

(Prior code § 17-1.11; Amend Coun. J. 1-27-88, p. 10081; Amend Coun. J. 3-8-89, p. 25433; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 1-12-95, p. 65073; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 7-19-00, p. 38293, § 2; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 2-9-11, p. 112149, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-8-12, p. 38872, § 194; Amend Coun. J. 10-16-13, p. 61664, § 1)



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