§ 11-5-025

Enforcement provisions

In order to meet the stated purposes of this chapter, the commissioner shall have the following enforcement powers:

a.

The commissioner may seek the voluntary cooperation of the governing body, officers, or other officials of any condominium, cooperative, high density residential building, office establishment, retail establishment, scavenger, refuse hauler, recycling service provider, or building owners, managers, or agents to effectuate the purposes of this chapter. In order to promote such cooperation, the commissioner may seek to initiate a series of steps designed to assist and encourage the business or building to implement either a new source reduction and recycling program or to improve an existing program. Such steps may include, but are not limited to: a thorough review of the business’ or building’s recycling plan and implementation procedures; and allowing reasonable time for the building or business to improve existing efforts to comply with this chapter.

b.

If, after the commissioner seeks to put into effect the steps as set forth in Section 11-5-025(a), a condominium, cooperative, high density residential building owner, governing board or association, office or retail establishment owner or manager, scavenger, refuse hauler, or recycling service provider is found to be violating the terms of this chapter, it shall be subject to fines not less than $25.00 nor more than $100.00 per day. Each day the violation continues shall constitute a separate and distinct violation.

c.

Upon the failure of any person or entity holding a license issued by the City of Chicago and subject to the requirements of this ordinance to comply with the terms of this chapter, and to come into compliance following attempts by the commissioner to bring about compliance pursuant to Section 11-5-025(a), the license or licenses of such person or entity shall be revoked in accordance with Section 4-4-280 of this Code upon recommendation of the commissioner. The commissioner or his designee shall be responsible for supplying the license commissioner with all documentation and other information necessary to establish that revocation of a license should occur.

d.

Each licensee or license applicant for a City of Chicago business license, who is a refuse collection customer, shall be required to certify in a form to be determined by rule by the commissioner that an effective recycling program will be conducted on the licensed premises during the license period. Each licensee or license applicant shall also provide the following: the name of its private hauler and, if applicable, recycling service provider, and whether post collection and/or source separation is utilized. The commissioner may require an additional certification of recycling for businesses, owners and governing associations or boards which are not required to obtain a business license, provided, however, such certification shall not, in any manner, restrict a building owner’s right to transfer their property.

e.

The commissioner shall institute an audit program for the refuse haulers and recycling service providers covered under this chapter. Facilities will be chosen at random and will be reviewed for compliance with this chapter. Additionally, the refuse hauler or recycling service provider selected for audit may be asked to collect data over a one month period and provide a report to the commissioner including but not limited to the following information:

1.

The tons of recyclable material collected through source separation and post-collection methods;

2.

The tons of residual municipal waste recovered from each collection method; and

3.

The tons of materials recycled from each collection method.

In no ways does this provision supplant, change or otherwise amend the department’s regular inspection and enforcement powers to protect the public health and safety and implement the provisions of this Code.

f.

In addition to the initiatives described in Section 11-5-025(a), the commissioner shall institute an audit program for the refuse collection customer’s effective recycling program covered by this chapter. Facilities will be chosen at random and will be reviewed for compliance with this ordinance. The evaluation will also determine actions to be taken by the refuse collection customer to meet the waste reduction goals established in Section 11-5-010.

(Added Coun. J. 11-5-93, p. 40151; Amend Coun. J. 2-5-03, p. 103499, § 1)

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