Environmental Control Hearings Division

Welcome to the Cook County Environmental Control Hearings Division. To view the Frequently Asked Questions, please click here.

The Environmental Control Hearings Division hears cases initiated from the Environmental Control Department.

The Department of Environmental Control provides rules and regulations to preserve, protect and improve the air, water and land resources of Cook County so as to promote the health, safety, welfare and comfort, prevent injury to human health, plant and animal life, and property.

The Department of Environmental Control began sending code violations to the Department of Administrative Hearings for adjudication in February 2010. Common violation types include:

  • Asbestos Regulation compliance
  • Demolition & Renovation Permits

For more information on the Department of Environmental Control, please contact: The Department of Environmental Control at (312)603-8200, or visit their website by clicking here.

Your Hearing location and court appointed date is written on your ticket or notice of violation. If you are unable to attend your hearing date on the date scheduled on your notice of violation or citation (“the ticket”), please contact the Department of Administrative Hearings at (312)603-2120 or click here for information on our Administrative Procedures. If you have missed your Hearing date, you may still have an opportunity to reschedule your Hearing by filing a Motion to Set-Aside the Default Judgment.

Below is a list of common code violations and their corresponding descriptions:

  • Section 30-92
  • Section 30-186
  • Section 30-421
  • Section 30-544

Section 30-92

Summary:

The Department charges fees for inspections, permits, licenses and certificates. Failure to pay the fee is a violation of this ordinance

 

Penalty -$300 Fine
A separate and distinct offense shall be regarded as committed each day on which you continue or permit any such violation, or failure to comply receiving notification of the violation In addition to fines and penalties, the permit or certification of operation issued by the Department may be suspended or revoked


FULL TEXT:
Sec. 30-92. - Payment of fees.

All fees or penalties prescribed for the issuance of permits, licenses or certificates, or for the inspection of plans, premises or equipment, under any provision of this chapter, shall be paid to the Director, who shall render to the person making such payment a receipt stating the amount and purpose for which such fee or penalty has been paid, a duplicate of which shall be made part of the records of the Department. All fees and penalties thus received shall be deposited with the County Treasurer.

Section 30-186

Summary:

Periodically, the Department of Environmental Control inspects fuel burning combustion equipment (such as a furnace, gas water heaters and boilers), or process equipment (such as industrial mixers) to determine whether the equipment emits excessive particles into the air. Domestic heating plants are not inspected. A certificate of operation is then issued. If you operate this type of equipment without a certificate, you are violating Section 30-186.

Penalty - $300 Fine

A separate and distinct offense shall be regarded as committed each day on which you continue or permit any such violation, or failure to comply receiving notification of the violation In addition to fines and penalties, the permit or certification of operation issued by the Department may be suspended or revoked.

Full Text
Section 30-186
- It shall be unlawful for any person to use or operate any fuel-burning, combustion, or process equipment, process, or device which is subject to annual inspection, as set forth in Section 30-231, without having an effective certificate of operation thereof. Failure to have an effective certificate of operation shall constitute a violation of this division.

Section 30-421

Summary:

You cannot release into the atmosphere noxious, odorous, or toxic matter in such manner or quantity as to be detrimental to or endanger the public health or comfort.

Penalty - $300 to $10,000 Fine

A separate and distinct offense shall be regarded as committed each day on which you continue or permit any such violation, or failure to comply receiving notification of the violation In addition to fines and penalties, the permit or certification of operation issued by the Department may be suspended or revoked

Full Text
Section 30-421 - Generally
The emission of noxious, odorous, or toxic matter in such manner or quantity as to be detrimental to or endanger the public health, comfort, or welfare is prohibited.

Secton 30-544

Summary:

If you plan on demolishing, repairing or making alterations on a building which has been determined to contain asbestos containing material, you must obtain a permit from the Department of Environmental Control before beginning any work on the building. Once work begins, you must use the safeguards set out in the ordinance to ensure that asbestos particles are not released into the air.

Penalties -

A separate and distinct offense shall be regarded as committed each day on which you continue or permit any such violation, or failure to comply receiving notification of the violation In addition to fines and penalties, the permit or certification of operation issued by the Department may be suspended or revoked.

30-543(d) Visible release of ACM in the air
$5000.00
30-544(a)(3) Structure not adequately wet
$1000.00
30-544(a)(4) ACM dropped without dust tight method
$3000.00
30-544(a)(5) ACM not contained for transportation
$5000.00
30-544(b)(2)a No valid demolition permit
$500.00
30-544(b)(2)b No valid ACM abatement permit
$500.00


Full Text
Section 30-544. -Demolition.

  1. Procedure for demolition of structure. Where the risk of public exposure to asbestos fiber from the dislodging of asbestos-containing materials is present, no demolition of a structure shall be initiated unless all safeguards necessary and practicable to reduce the emission of dust are taken. Such procedures shall include, but are not necessarily limited to:

    1. (1)  Boilers and pipes and steel members insulated or fireproofed with asbestos-containing material shall be wetted and stripped before toppling of walls is begun. This procedure shall be followed, where practicable, as to all other asbestos-lined surfaces. Such asbestos waste shall be immediately bagged and disposed of in accordance with Section 30-542(a)(4).

    2. (2)  When demolition by toppling occurs such reasonable enclosure for dust emission control as is compatible with the character of the structure shall be employed.

    3. (3)  Before the demolition or toppling of any section or wall of the structure, adequate wetting to suppress the dust shall be employed.

    4. (4)  Asbestos-containing debris shall not be dropped or thrown from any floor but shall be transported by dust-tight chutes or buckets shall be sufficiently wetted to preclude dust dispersion at the point of discharge.

    5. (5)  All asbestos-containing debris shall be thoroughly wetted before loading into trucks, other vehicles or containers. During transport such waste shall be enclosed or covered so as to prevent dust dispersion. Asbestos-containing debris shall be disposed by burial at a sanitary landfill.

  2. Standard for demolition of structures.

    1. (1)  Contractor certification and performance.

    2. a.  Any person engaged in the commercial activity of construction, demolition, alteration or repair of a structure for which has been determined asbestos-containing material is present must present proof that the person possesses a valid license issued pursuant to the Asbestos Abatement Act (105 ILCS 105/1 et seq.) to the Department.

      b. Any person engaged in asbestos removal activity shall be obligated to notify the Department and comply in the same manner as required in 40 CFR 61.141, 40 CFR 61.145 and 40 CFR 61.150.

      c. Any person engaged in the commercial activity of asbestos removal shall comply with Illinois Pollution Control Board Regulations Asbestos 35 Ill. Admin. Code 228.

    3. (2)  Permit required—fees.

      a. A demolition permit shall be obtained from the Director prior to any demolition of any structure. The permit fee for demolition shall be as set out in Section 32-1

      b. An asbestos removal permit shall be required for all demolition, alteration or repair of a structure which has been determined to contain asbestos containing material. Such permit will be in lieu of requirements of Section 30-544 and shall be obtained prior to the start of a project. The permit fee for asbestos removal shall be as set out in Section 32-1. Inspection fee shall not be applicable to structures used primarily as a domestic residence.

      c. Permit fees under Subsections (b)(2)a and (b)(2)b of this section shall be established in accordance with Section 30-91 and thereafter Sections 30-92, through 30-95 shall be applicable



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