On December 15th, 2004 the City of Chicago approved a new construction and demolition recycling requirement. The new rules will take effect in March 2006. The initial requirement for recycling will be 25 percent of all recyclable materials measured by weight for projects permitted after March 1, 2006. This will be increased to 50 percent after January 1, 2007.
Also included in the ordinance were construction and demolition site cleanliness standards. Starting in March 2005, contractors are required to install fencing, use mesh for dust control, to neatly stack materials and tools, and contain waste and litter.
RELEVANT SECTIONS OF CHICAGO’S ORDINANCE
SECTION 3. Chapter 11-4 of the Municipal Code of Chicago is amended by creating new Section 11-4-1905:
11-4-1905 Construction Or Demolition Site Waste Recycling.
(1) For purposes of this section, the term
[a] "Contractor" shall have the meaning: – of general – contractor as defined in Section 4-36-010 and shall also include any person engaged – in the demolition or wrecking of a structure for which a permit is required under Section 13-32-230.
[b] Construction and demolition debris" has the meaning: ascribed to the term in Section 1 1-4- 120 of this Code, but does not include materials that are contaminated by lead, asbestos, or other hazardous materials in such a wav as to render recycling: illegal or impossible.
(2)Any project subject to this section shall be required to recycle construction or demolition waste produced on site as part of construction or demolition activities by meeting the following requirements:
[a] The contractor on a project that is issued a permit on or after March 1, 2006, but before January 1, 2007, shall cause to be recycled at least 25% of construction and demolition debris, as measured by weight, produced on site.
[b] The contractor on a project that is issued a permit on or after January 1, 2007, shall cause to be recycled at least 50% of construction and demolition debris, as measured by weight, produced on site.
(3) The following: projects are subject to this section:
[a] Residential projects with four or more units that involve the construction of a new structure or that involve buildings or structures that have been substantially rehabilitated, as determined by the commissioner of the department of buildings.
[b] Any construction that will require a certificate of occupancy to issue from the department of buildings.
[c] Any building demolition, other than projects for which the total cost is less than $10,000.
Aproject is exempt from this section if only a plumbing permit, only an electrical permit or only a mechanical permit is required.
(4)The contractor shall submit documentation as described herein to the department of the environment to verify compliance with this section. Projects meeting: the requirements of 2[a] or 2[b] of this section shall submit documentation prior to the issuance of a certificate of occupancy by the department of buildings. – Projects meeting: – the requirements of 2[c] of this section shall submit documentation within 60 days of completion of a project. Documentation shall be in a form prescribed by the commissioner of the department of environment and consist of notarized affidavits from the contractor and the waste-hauler for the project certifying. that the project fully complies with subsection (1) or, in the case of an application for a certificate of occupancy for a portion of a partially completed project. that the project is in compliance with subsection (1) at the time the application is made. The department of environment will certify to the department of buildings and the department of construction and permits that the contractor has complied with this ordinance if: (i) the contractor has met the stated recycling goals: or(ii) the contractor has been fined for that project under subsection(6), and the fine has been paid in full. In addition, a contractor must comply with all reasonable requests for information and documentation made by the department pursuant to an audit to monitor compliance with this section. Whenever any affiant knowingly and falsely states that a project has met the requirements of this section, or whenever any contractor knowingly submits an affidavit with such a false statement, or whenever any person knowingly fails to comply with a reasonable request made pursuant to an audit under this section. such action will be mounds – to deny or revoke the issuance of a certificate of occupancy, will subject the person to a fine of $200 to $500. and will subject the person to additional penalties and fines pursuant to this Code or state law including:, but not limited to, the revocation or suspension of an affiant’s or contractor’s general contractor’s license pursuant to Chapter 4-36.
(5) The commissioner of the department of environment, the commissioner of the department of buildings, the commissioner of the department of streets and sanitation or the executive director of the department of construction and permits may promulgate – such rules and regulations as necessary to implement the provisions of this section.
6) Projects that fail to meet the recycling percentages identified in subsection (1) shall be subject to the following fines:
Forconstruction projects or involving demolitions greater than 10,000 square feet of renovated, newly constructed, or demolished space. $1000 for each percentage point of difference between the amount by this section to be recycled and the amount actually recycled.
Forconstruction projects or involving demolitions less than 10,000 square feet of renovated, newly constructed, or demolished space. $500 for each percentage point of difference between the amount by this section to be recycled and the amount actually recycled.