Environmental Protection City Council 4/22/2020
ORDINANCE
SECTION 1. Section 11-4-360 ofthe Municipal Code ofthe City of Chicago is hereby amended by deleting the language struck-through and inserting the language underscored, as follows:
11-4-360 Enforcement - Interference with inspection - Required inspections.
(alThe commissioner, or anyone authorized to act for him, in the performance of his duties and for the purpose of enforcing and administering this chapter or any order, regulation or rule promulgated pursuant thereto, or for the purpose of obtaining facts with respect to any complaint or noncompliance, is hereby authorized and empowered to enter into any building, structure, establishment, premises or enclosure or other place at all reasonable hours for the purpose of inspecting any regulated equipment, area, site, or facility. If any person in any way denies, obstructs^ or hampers such entrance or inspection or refuses to provide requested information during inspection, the commissioner is hereby authorized to refuse the issuance of any certificate or permit for any regulated equipment, area, site, or facility with respect to which entrance or inspection has been denied in the event one has not been issued; or to revoke any outstanding certificate or permit issued for such regulated equipment, area, site, or facility.
information received from the Illinois Environmental Protection Agency, that any operator of a facility has violated the Illinois Environmental Protection Act, the Commissioner shall cause an immediate inspection ofthe facility to he conducted regarding the alleged violation Such inspection shall he conducted in conjunction with any relevant City Departments authorized to conduct investigations under this Chapter or hy a third party contractor with a specialty in conducting such inspections hired hy the Commissioner for that purpose The inspection shall include an analysis ofthe any toxins or materials, released hy the facility The results ofthis investigation shall he puhlished in a report on the Chicago Department of Puhlic Health wehsite, and the Commissioner shall deliver such report to the Chairman ofthe Committee on Environmental Protection and Fnergy and the Alderman ofthe Ward in which the facility is located
Following any inspection of a pnssihle violation of Title II ofthe Illinois Environmental Protection Act pursuant to suhsection (h) ofthis Section, the Commissioner shall cause to he installed Fenceline air monitoring equipment, in accordance with 40 CFR ยง 63 65ft for 6 months after the date of such inspection The data from such air monitoring shall he recorded and made availahle online to the puhlic as an addition to the report puhlished pursuant to suhsection (h)
If any person in any way denies nhstructs, or hampers such entrance or inspection or refuses to provide requested information during an inspection under suhsection (h) ofthis Section, the Commissioner shall refuse the issuance of any certificate or permit for any regulated equipment, area, site, or facility with respect to which entrance or inspection has been denied in the event one has not heen issued; or shall revoke any outstanding certificate or permit issued for such regulated equipment, area, site, or facility
SECTION 2. Chapter 11-4 ofthe Municipal Code ofthe City of Chicago is hereby amended adding a new Section 11-4-365, as follows:
11-4-365 Enforcement - Repeat violations of Environmental Regulations.
All City Departments, Agencies, and Boards shall take into consideration as part of any application or approval, including issuance or renewal of a permit, license, Zoning Board Action, contracting, or any other discretionary government action whether the applicant, or the applicant's owners or controlling party, has been found in violation of any provisions ofthis Chapter or any provisions ofthe Illinois Environmental Protection Act and may deny such application or approval on account of such violations.
GEORGE A. CARDENAS Alderman, 12th Ward
SECTION 3. This ordinance shall take effect upon its passage and publication.
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