City of Chicago / Chicago Department of Public Health - Dust Control and Monitoring Regulations

A summary of the requirements associated with crushing construction and demolition debris in the City of Chicago and the Chicago Department of Public Health (CPDH) is provided below.

Section 11-4-1935 of the Chicago Municipal Code requires permits for the “temporary reprocessing of construction and demolition (“C/D”) debris”. Issuance of the permit generally requires:

• Verification that the materials to be crushed do not contain lead, asbestos or any other hazardous material of the type that renders recycling or reuse of such material illegal or impossible.

• Contractors must create and maintain a written record documenting the results of the verification and provide a copy of the record to the owner of the property on which the reprocessing / crushing occurs. The records must be kept on file by the permit holder and the owner for three years and made available upon request by any authorized city official.

• Painted concrete cannot be crushed without first ensuring that the paint is not lead-based. Concrete coated with lead-based paint is considered a waste material in accordance with Chapter 11-4-120 of the Chicago Municipal Code and must be disposed of appropriately.

• Generally, the site must be surrounded by an 8-foot fence covered by filter fabric meshing

The City of Chicago regulations and associated crushing permitting generally place limitations on stockpiling of materials:

• No taller than the height of the fence and filter fabric meshing (generally 8 feet)

• Equal to the stockpile’s distance from the right of way, up to a maximum height of 20 feet.

The regulations provide setback requirements specified in 11-4-1935(a)(4)(i) and 11-4-1935(a)(4)(i)(iii). These setbacks apply to both the material stockpiles and the crushing materials.

Crushing operations, including placement of the reprocessing device and the stockpiling of materials, shall be conducted away from surrounding streets, pedestrian walk-ways, and residential areas. Unless otherwise exempted by a variance issued by the Chicago Department of Public Health, the Permittee shall ensure that all reprocessing devices and stockpiles at the site meet the following setbacks:

• 200 feet from any school, childcare facility, hospital, residential building or mixed occupancy building with a residential use;

• 100 feet from any building other than school, childcare facility, hospital, residential building or mixed occupancy building with a residential use; and

• 100 feet from any public way or park.

Dust and other airborne material created by on-site activities shall be controlled and suppressed to prevent off-site migration and disturbance of the surrounding community. Dust control measures shall include, but are not necessarily limited to the following:

• Crushing devices shall be equipped with a water spray system mounted at all dust generating points. The water spray system shall be used at all times during crushing operations;

• All stockpiles shall be wetted to control dust during crushing operations.

• All on-site surfaces subject to vehicle traffic shall be watered as often as necessary to minimize the occurrence of dust both on and off-site;

• The streets, sidewalks and sewers adjacent to the Site shall be kept clear of dust, mud, and debris generated from the Site activities; and

• Crushing and demolition activities must be suspended as necessary, during high winds (greater than of 15 miles per hour) unless alternate measures are implemented to effectively control dust.

Crushing permits often require continuous monitoring that incorporate alert conditions as an early warning indicator of potential offsite dust migration:

• The concentration of PM10 exceeds 50 ug/m^3 when averaged over a 15-minute period or exceeds 150 ug/m^3 at any time; or

• The average wind speed over a 15-minute period exceeds 15 miles per hour.

Contractors performing crushing operations are also required to maintain a daily work journal documenting:

• The workday start time

• The time and duration the crusher is in operation;

• The amount in tons or cubic yards reprocessed;

• The time, duration, and description of all daily cleaning and housekeeping activities performed;

• The time and duration of all alert conditions and incidences of visible offsite dust migration;

• A description of all actions taken to mitigate the conditions in 3(e) above;

• A detailed description of any citizen complaints received regarding site operations, and the complaint’s outcome/resolution; and

• The workday end time

Contractors are also required to submit weekly progress report to the Chicago Department of Public Health summarizing the progress of the reprocessing activities and the drawdown of raw and reprocessed material stockpiles at the Site.