O-13-05VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-13-S
THE VILLAGE OF DEERFIELD CONSTRUCTION
AND DEMOLITION DEBRIS DIVERSION ORDINANCE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
22 day of , 2013.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
ZZ day of , 2013.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 - 13 - 5
THE VILLAGE OF DEERFIELD CONSTRUCTION
AND DEMOLITION DEBRIS DIVERSION ORDINANCE
WHEREAS, the Village of Deerfield regulates building construction and demolition to
secure the public health, safety and welfare from hazards incident to the construction,
improvement, occupation and demolition of buildings and structures within the Village; and
WHEREAS, the construction and demolition of buildings and structures in the Village
generates a significant quantity of construction debris and waste material; and
WHEREAS, the disposal of construction and demolition debris creates pollution and
imposes burdens on area landfills, and thereby poses a significant threat to the environmental
health and welfare of the Village and the general public health, safety and welfare of the
residents and businesses of the Village; and
WHEREAS, the corporate authorities of the Village of Deerfield have determined that
the recycling of construction and demolition debris and materials can substantially reduce the
adverse effects of the disposal of such debris and materials; and
WHEREAS, the corporate authorities of the Village of Deerfield have further
determined that it is in the best interests of the Village and its residents that waste and debris
materials generated by the construction and demolition of buildings and structures within the
Village, that would otherwise be discarded, should be recovered for the purpose of recycling and
return to the economy for reuse; and
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WHEREAS, the corporate authorities of the Village of Deerfield have further
determined that it is in the best interests of the Village and its residents to require the diversion
and recycling of debris generated by the construction and demolition of structures and buildings
in the Village as provided herein;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: The above and foregoing recitals, being material to this Ordinance, are
incorporated and made a part of this Ordinance by this reference.
SECTION 2: That Chapter 6 ( "Building ") of the Municipal Code of the Village of
Deerfield, as amended, be and the same is hereby further amended to add the following as
Article 14 thereof:
ARTICLE 14. CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION.
Sec. 6 -83. Short Title: Article 14 shall be known, and may be cited, as the Village
of Deerfield Construction and Demolition Debris Diversion Ordinance.
Sec. 6 -84. Purpose: The purpose of this Article is to establish requirements for
recycling and salvaging of construction and demolition debris and waste to:
(1) regulate the disposal of construction and demolition waste generated at the
source;
(2) recover materials generated by the construction and demolition of
buildings that would otherwise be discarded for the purpose of recycling and
return them to the economy for reuse; and,
(3) promote sustainable building practices.
Sec. 6 -85. Definitions: For the purposes of this Article, the following words or
phrases shall have the following meaning, except when the context otherwise indicates:
(1) "Construction" means all on -site work done in building new structures or
additions to structures from land clearance to completion, including, without
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limitation, excavation, erection, and the assembly and installation of components
and equipment.
(2) "Construction and Demolition Debris" or "C &D Debris" means non-
hazardous, uncontaminated materials resulting from the construction, remodeling,
repair, and demolition of buildings and structures, limited to the following:
bricks, concrete, and other masonry materials; soil; rock; wood, including non-
hazardous painted, treated and coated wood and wood products; wall coverings;
plaster; drywall; plumbing fixtures; non - asbestos insulation; roofing shingles and
other roof coverings; reclaimed or other asphalt pavement; glass; plastics that are
not sealed in a manner that conceals waste; electrical wiring and components
containing no hazardous substances; and corrugated cardboard, piping or metals
incidental to any of those materials.
(3) "C &D Debris That is Processed for Use at a Landfill "" means C &D debris
that is processed for use as a municipal solid waste landfill unit as alternative
daily cover, road building material or drainage structure building material in
accordance with the landfill's waste disposal permit issued by the Illinois
Environmental Protection Agency.
(4) "Covered Project" means any building construction, renovation, or
demolition activity that includes, without limitation, either: (a) the construction of
a new principal structure; (b) the demolition of a principal structure; or (c)
renovation and /or addition of more than 1,500 square feet.
(5) "Demolition" means any act or process within the control of the owner of
a building or structure that results in the removal, razing, wrecking, tearing down
or destruction of 1,500 square feet or more of the building or structure as it
existed prior to the commencement of such act or process.
(6) "Director" means the Code Enforcement Supervisor or his or her designee.
(7) "Divert" or "Diversion" means to manage, sort and process C &D debris
into recyclable C &D debris, recovered wood that is processed for use as a fuel,
and /or C &D debris that is processed for use at a landfill.
(8) "Inert Debris" means those materials which are virtually inert, such as
rock, brick, and concrete.
(9) "Recovered Wood That is Processed for Use as Fuel" means wood that
has been salvaged from C &D debris and processed for use as fuel, as authorized
by applicable state or federal environmental regulatory authority, and supplied
only to intermediate processing facilities for sizing, or to combustion facilities for
use as fuel, that have obtained all necessary waste management and air permits for
handling and combustion of the fuel.
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(10) "Recyclable C &D Debris" means C &D debris that has been rendered
reusable and is reused or that would otherwise be disposed of or discarded but is
collected, separated, processed and returned to the economic mainstream in the
form of raw materials or products. "Recyclable C &D Debris" does not include
either: (i) recovered wood that is processed for use as a fuel; or (ii) C &D Debris
that is processed for use at a landfill.
(11) "Recycle" or "Recycling" means to set aside, handle, process, package or
offer for collection residential, commercial or industrial solid waste materials or
by- products for the purpose of being reused or processed and then returned to the
economic mainstream as useful products.
(12) "Remodel" or "Renovation" means the improvement, alteration, repair, or
reconstruction of an existing building or structure which requires a permit from
the Village of Deerfield.
(13) "Recycling Agent" means the contractor the applicant will use on their
project to divert and recycle the amount of material required in this article of the
code.
See. 6-86. Applicability: This Article applies to all covered projects within the
Village, except in any of the following circumstances:
(1) An immediate or emergency demolition is required to protect the public
health, safety or welfare, as determined prior to such demolition by the Director
of Building and Zoning or designee;
(2) An exception is granted pursuant to Section 6 -90; or
(3) A valid building permit or demolition permit was issued for the covered
project prior to March 1, 2013.
See. 6-87. Condition of Approval for Building or Demolition Permits: No
building or demolition permit shall be issued for any covered project within the Village
that does not comply with the provisions of this Section.
Sec. 6 -88. Diversion Requirements: Construction and demolition debris generated
by Covered Projects must be diverted in accordance with the following requirements:
(1) For all covered projects for which a building or demolition permit
application is submitted to the Village on or after March 1, 2013, at least 75% of
construction and demolition debris shall be diverted.
Sec. 6 -89. Permit Application and Compliance:
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(1) When submitting for a permit, the applicant must provide to the Village
the name and contact information for their Recycling Agent and indicate how
much material will be diverted and recycled.
(2) Not less than five business days prior to the scheduled date for the final
inspection, the applicant shall submit to the Director a confirmation from their
Recycling Agent that the material required to be recycled was in fact recycled and
such additional information as the Director may require.
(3) No certificate of occupancy shall be issued for any property on which a
covered project has been completed unless and until: (a) a compliance report is
submitted in accordance with Section 6 -89(1) of this Chapter; and (b) the
applicant pays all penalties imposed for any violations of this Article.
Sec. 6-90. Exceptions:
(1) Applicants seeking a partial or complete exception granting relief from the
requirements of this Article must file an application with the Director on a form
provided by the Village, which application must include, without limitation, a
statement certifying that compliance with this Article is • impracticable due to
exceptional or extraordinary circumstances or conditions applicable to the
covered project.
(2) The Director may grant the exception only if the Director finds all of the
following:
(a) There are exceptional or extraordinary circumstances or conditions
applicable to the covered project that do not apply generally to covered
projects and that make compliance with this Article impracticable;
(b) Granting the exception will not constitute a grant of special privilege
inconsistent with limitations imposed on similar covered projects; and
(c) Cost to the applicant of strict compliance with this Article is not the
primary reason for granting the exception.
Sec. 6 -91. Inspections, Inquiries and Audits: The Director may make any and all
inspections, inquiries, and audits as necessary to determine compliance with this Article.
Sec. 6-92. Penalties: Any person who violates this Article shall be fined in the
amounts of $500 for the first offense, $1,000 for the second offense, and $2,500 for the
third and subsequent offenses. The number of offenses committed by a person shall be
calculated without consideration of the number of properties for or at which such
offenses were committed.
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SECTION 3: That Section 1 -30 ( "Alternative Citations and Fines for Miscellaneous
Offenses ") of Chapter 1 ( "General Provisions ") of the Municipal Code of the Village of
Deerfield be and the same is hereby amended to add the following violations as offenses which
may be settled, compromised and paid pursuant to Section 1 -30:
Violation Compromise Late Payment
Amount Amount
2. Chapter 6, Buildings:
Construction and demolition $ 250 $ 500
debris diversion (Section 6 -92).
SECTION 4: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 5: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
[This Space Left Blank Intentionally]
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PASSED this 22 day of 2013.
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APPROVED this av day of )QVNM. , 2013.
ATTEST:
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Vilage C erk
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Village President