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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 -1- 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 -2- 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. 51 (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: -4- (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. -5- 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] S's PASSED this 22 day of 2013. AYES: 100"+On , Fatk.�is, �es�er NAYS: meme ABSENT: Sei&wn c) ABSTAIN: vkone_ APPROVED this av day of )QVNM. , 2013. ATTEST: da, 5 - 4-e /7 — Vilage C erk -7- Village President