10/16/07 Proper definitions.
On my way through researching the legislative history and intent of 415 ILCS 5/22.38, I came across two definitions that were left out of the current definitions section, but that our village can and should use.
These are in addition to a proper definition of a-
Recycling Collection Facility. A "Recycling Collection Facility" is a site or facility that accepts only segregated,
nonhazardous, nonspecial, homogeneous, nonputrescible materials, such
as dry paper, glass, cans or plastics, for subsequent use in the
secondary materials market, which are to be transported to another location for distribution or processing, and which may or may not be the principal use on the zoning lot where located.
Here the first needed add-on definition:
90_HB1887ham001 (415 ILCS 5/3.78a new)
Commercial general construction or demolition debris recycling center. "Commercial general construction or demolition debris recycling center" means a site or facility that accepts from more than one source only general construction or demolition debris that is generated off-site so that recyclable materials will be separated and removed for subsequent use in the secondary materials market.
The combined committee, tasked with ironing out the differences between the House and Senate versions, added this note:
90TH GENERAL ASSEMBLY SECOND CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1887 To the President of the Senate and the Speaker of the House of Representatives:
We, the second conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 1 to House Bill 1887, recommend the following:
(1) that the House concur in Senate Amendment No. 1; and (2) that House Bill 1887, AS AMENDED, be further amended, with reference to the page and line numbers of Senate Amendment No. 1, on page 1, in lines 4 through 6, by replacing "to amend the Environmental Protection Act by changing Sections 3.32, 3.78, and 21 and adding Sections 3.78a and 22.38" with "concerning the environment, amending named Acts”
The current Sec. 3.160 definition of commercial general construction or demolition debris incorporates 5/3.78a. Take a look at the header for that section (415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a), so there is a rational basis for using this second separate definition.
There’s also reason to adopt a third definition, and that deals with on-site general construction or demolition debris recycling, which occurs mainly at large construction projects.
Here's the second needed add-on definition:
(415 ILCS 5/3.78b new)
On-site general construction or demolition debris recycling center. "On-site general construction or demolition debris recycling center" means a site or facility used by any person accepting only general construction or demolition debris that is generated by that person's own activities at the site or facility or transported within or between sites or facilities owned, controlled, or operated by that person, so that recyclable materials will be separated and removed for subsequent use in the secondary materials market.
That would pretty much do it for now. More definitions could be added as needed later. Mind you, all of this is neccessary because staff insisted we aren't included in a specific state law (which is incorrect), and because our village government chooses not to adopt, observe, and adhere to the current law set down in 415 ILCS. See below NEW 28.1008. 415 ILCS 5 The Environmental Protection Act Adopted. for a proposed ordinance that would do exactly that.
8/27/07 The present, in a nutshell.
Houston, we have a muni code problem...
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We have a 40 year old, poorly written, vaguely worded definition for “recycling collection center’ that does not address the myriad of recycling and processing that occur today.
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We have no land use, ordinance, or zoning requirements for any method of modern, currently defined types of recycling, or of facilities that engage in any of those types of recycling.
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Village staff continues to ignore existing state law, even though state law clearly says if we have no requirements, the village must comply.
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All other communities address this either very specifically, like West Chicago, and Chicago, or do not set requirements at all (like Downers Grove).
Does it have to be complicated?
No.
To muni code, and beyond!
Almost all of the rules, regulation, and requirements in the 28 distinct sets of 415 Illinois Compiled Statutes can stand in place of municipal codes that don’t take into account the breadth and detail required by a complete set of environmental laws.
The state EPA, that studies and monitors the environment (with the federal EPA), and in turn was crafted to enforce them, knows that. So does the legislature that passed the acts, and all amendments since then. So does the Illinois Attorney General, who provides the legal muscle (along with the EPA) to enforce the laws and set wrongs to right. So does the judiciary, with an extensive case history in all aspects of environmental law.
Lions and tigers and muni code, oh my!
Many cities and villages simply leave all reference to facilities that process construction and demolition debris out of their zoning ordinances. They, by omission, default to EPA standards. Those cities and villages have no problem following them, or simply pointing to the state law when presented with inappropriately located facilities
Muni Code? We ain't got no muni code! We don't need no muni code! I don't have to show you any stinking muni code!
Alone among any city or village that I’ve checked, our village thinks that since they have zoning ordinances, they are somehow exempt from those same requirements that cover the other 1312 municipalities in Illinois. Staff explanation, so far, is to repeat the same singularly unique opinion over again.
Asked to quote the section of our code that defines what a C&D facility is, and where the specific requirements for such a facilty exist in the DG muni code, they incorrectly identify the definition and context of a recycling collection center.
I see dead muni code.
Now, this definition and original references, again, are about 40 years old, and preceed the beginning of the first C&D laws (California Integrated Waste Management Act of 1989 (AB 939, Sher, Chapter 1095, Statutes of 1989)), by about 20 years. How can staff apply definitions and ordinances written 20 years before? Don’t have a reason, they just repeat we have an ordinance.
Needed things?
Definitions via Merriam-Webster’s and Black's Law Dictionary
You don't understand! I coulda had class. I coulda been a muni code definition.
Anytime DG muni code has a code section of definitions, it should also have a paragraph or subsection that establishes Merriam-Webster’s Dictionary for commonly accepted definitions, and Black’s Law Dictionary for legal terms that are themselves undefined in the definitions section.
Clarity, and accuracy
Keep your friends close, but your muni code closer.
Use examples where possible to illuminate and delineate. With an on-line muni code, graphics can be added to help explain.
Mechanisms for integrating change
Oh, no, it wasn't the airplanes. It was muni code killed the beast.
We observe dozens of higher authorities for much of our muni code. County, state, and federal, even international rules regulations and guidelines are directly put into our muni code with no reductions in their efficacy. DG should do the same with 415 ILCS 5. We already observe and adhere to the other 27, why does staff single this one out to slice and dice? Would we do the same for a landfill? A pig farm? A refinery? All covered under 415 ILCS. Why not open the door for them also?
Of course I don’t mean it. We’re a fairly mature, evolved village. We don’t have smokestack industries, nor huge oil tank storage farms, nor heavy industry. Downers Grove is mostly homes, with some commercial that various groups are trying to grow, and some light, fairly high tech, industry. Precision ball bearings for the aviation industry, clean room plastic credit card/smart card manufacturers, test kitchens for our newest corporate anchor. Not all areas are suitable for all types of uses, and Downers Grove, because we are primarilly a built out residential community, just doesn’t have all kinds of room for it all.
Our code needs to be updated and to evolve. It’s a constant process. In some cases, those higher authorities do the legwork, and the village simply adopts. Like we should be doing here.
7/30/07 Proposed new ordinance language.
The purpose of this section is to propose specific language that will provide clarity to the municipal code, update obsolete definitions, provide a dating tag for identifying old or obsolete code, and provide a mechanism for future regulation as more types of recycling become desireable to the community.
Setting the stage for now and later:
1.2 Definitions and rules of construction.
1.2 (b) (6) Any common word(s) not specifically defined within the municipal code shall have the meaning(s) as found in the most current edition of Merriam-Webster’s Unabridged Dictionary.
1.2 (b) (7) Any legal term(s) not specifically defined within the municipal code shall have the meaning(s) as found in the most current edition of Black’s Law Dictionary.
These two new additions provide for common and legal definitions that may appear in ordinances and code, but do not have specific definitions within the code itself. Referring to generally accepted definition authority for undefined word and terms is becoming increasingly common in other municipal codes around the state.
1.2 (c) All sections of this municipal code shall contain, as a parenthetical last note, the effective date of their adoption. (Effective 7-30-2007)
This simple addition allows for readily identifying when a particular section of code was adopted.
Updating an outdated definition:
28.201 Recycling collection facility. A facility, limited to a building, trailer, vehicle or completely closed containers of wood, metal or masonry, designed for the purpose of receiving articles or materials A site or facility that accepts only segregated, nonhazardous, nonspecial, homogeneous, nonputrescible materials, such as dry paper, glass, cans or plastics, for subsequent use in the secondary materials market, which are to be transported to another location for distribution or processing, and which may or may not be the principal use on the zoning lot where located. Provided, the The term "recycling collection facility" as used in this Zoning Ordinance shall not include facilities located within a structure principally devoted to another use, facilities temporarily located on a zoning lot under authority of a temporary uses, and facilities for collecting used motor oil which are necessary to an automobile service station.
These changes clearly update the definition to match current state and federal definitions for recycling and recycling collection centers, but keeps the used oil exception for automobile service stations. You can even throw in some pictures of recycling collection facilities.
Once this is done, village merely needs to observe 415 ILCS, Environmental Safety, in it’s entirety, and any subsequent issues are taken care of by state law. By extension, as long as the village follows state law in classifying types of recycling and types of facilities, and follows state statute, the rest takes care of itself.
28.1007. Recycling collection facilities. Do we need to change this now that we updated the definitions? With the addition of contemporary definitions, it is no longer necessary to change this ordinance. The new definition updates the ordinance.
That's it. It can be as simple as that. Or it can be more inclusive:
NEW 28.1008. 415 ILCS 5 The Environmental Protection Act Adopted.
The Illinois Compiled Statutes, 415 ILCS 5 The Environmental Protection Act, is hereby adopted for the purpose of establishing rules and regulations for environmental protection laws, including permits and penalties required for such purposes. The same is adopted in its entirety, save and except such portions as the state may hereinafter delete, modify, or amend, and is, together with such amendments, incorporated as fully as if set out at length herein, and shall control the regulation of all environmental protection laws therein regulated within the Village. Said 415 ILCS 5 The Environmental Protection Act, as modified and amended, may be referred to for all purposes as the "Downers Grove Environmental Protection Act Code" or the " EPA Code". At least one copy of said Code, including such amendments to it as shall be enacted the state, shall be filed in the office of the Village Clerk, and additional copies shall be available in the Community Development Department of the Village.
The right ordinance for all the right reasons.
Despite the fact that the village, in the past, wrote exclusionary zoning requirements for trailer parks (28.1018), and wrote outright bans for vehicle wrecking yards, junkyards, and junk vehicles (28.1000SEC), the intent of this Zoning Ordinance is not to prohibit any use. It specifically does not deny or prohibit any use from the village; it is rationally based, and has a rational relationship to the public health, safety, and welfare that is neither arbitrary nor discriminatory. What all of that means is, the requirements of due process are met by this proposed ordinance.
This ordinance serves many purposes. It provides further confirmation for regulating the secondary effects of the uses contained within 415 ILCS, in particular protecting the health, safety, and welfare of the residents and existing businesses within the community. It also establishes compliance with the state goal of state-wide compliance with the Environmental Laws of 415 ILCS, state statutes that set requirements, rules, and regulations on environmental protection and safety issues. It also provides extensive definitions of environmental terms and types of environmental activities.
These are changes that are positive, forward looking, and should encounter no objections from residents or current businesses in our community.