ADMINISTRATIVE CODE

TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 520 CONTROL OF JUNKYARDS AND SCRAP PROCESSING FACILITIES IN AREAS ADJACENT TO THE FEDERAL-AID INTERSTATE AND FEDERAL-AID PRIMARY SYSTEMS OF HIGHWAYS IN ILLINOIS

Section 520.10 Purposes

Section 520.20 Definitions

Section 520.30 Measurements of Distance

Section 520.40 Establishment of New Yards

Section 520.50 Yards in Existence as of July 24, 1967

Section 520.60 Permits

Section 520.70 Completion of the Permit Form

Section 520.80 Acceptable Screening Materials

Section 520.90 Maintenance

Section 520.10 Purposes

a) The 75^th General Assembly in "An Act relating to the control, location, fencing and acquisition of junkyard and scrap processing facilities in areas adjacent to the Federal-Aid Interstate and Federal-Aid Primary Systems of Highways in Illinois" approved and effective July 24, 1967, has declared that:

"For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junkyards or scrap processing facilities in areas adjacent to the Federal-Aid Interstate and Federal-Aid Primary Systems of Highways within this State. Junkyards or scrap processing facilities which do not conform to the requirements of this Act are declared to be public nuisances."

b) The purpose of these rules is to provide standards which shall be applied to the control of junkyards and scrap processing facilities as required by the Act.

Section 520.20 Definitions

The following terms when used in these rules have the following meanings:

"Automobile Graveyard" means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

"Business"

Inclusions

Business may be an inclusive term but specifically designates the activities of those engaged in the purchase or sale of commodities or in related financial transactions, including transactions taken in anticipation of future benefits, or for a profit.

In addition, a business shall include activities licensed by the Secretary of State pursuant to the Illinois Vehicle Code (Ill. Rev. Stat. 1981, ch. 95½, par. 5-100) or bearing a Retail Occupations Tax Number from the Department of Revenue pursuant to the Retailers Occupation Tax Act (Ill. Rev. Stat. 1981, ch. 120, par. 440).

Other Criteria

A business may be in existence without the criteria in the above two paragraphs being met. Such activities will have to be judged on the basis of the individual facts.

The Department will classify such an activity as a business if:

It buys, sells, stores, or keeps junk with the intent of future benefits, and/or

The junk deposit on the land was owned by someone other than the land owner prior to deposit.

"Conforming Yard" means one that is in compliance with the Recyclers and Junkyard Control Act. This includes:

those established since July 24, 1967, in compliance with the Act;

those established before July 24, 1967 which have since been screened to comply with the Act;

those located within zoned or unzoned industrial areas; or

those not visible from the main traveled way.

"Department" means the Illinois Department of Transportation.

"Discontinued", "Destroyed", or "Abandoned" means a yard in which no one claims an interest in the material deposited thereon.

"Effective Screening" pursuant to 1975 requirements, does not necessarily mean 100% screening, but it must be screened so as not to be visible from the main traveled way so that the passing motorist is unaware of the presence of material in the yard.

"Establish" means to create or bring into being, but does not include the foregoing when an existing yard is enlarged to contiguous property due to normal business activity.

"Establishment" means a place of residence or business. For the purpose of this Act, a residence means one from which a yard is being operated or one used in conjunction with that yard.

"Illegal Yard" shall be any yard established after July 24, 1967, in violation of the Illinois Recyclers and Junkyard Control Act or any yard outside of an industrial area in which junk becomes visible from the main traveled way after the yard has been brought into compliance with the Act.

"Industrial Activities" means those activities permitted only in industrial zones by the nearest zoning authority within the State, or generally recognized as industrial by other zoning authorities within the State, except that none of the following shall be considered industrial activities for the purpose of establishing an unzoned industrial area:

Outdoor advertising structures.

Agricultural, forestry, ranching, grazing, farming, and related activities, including, but not limited to grain elevators, metal grain storage bins, and wayside fresh produce stands.

Activities normally and regularly in operation less than three months of the year.

Transit or temporary activities.

Activities not visible from the traffic lanes of the main traveled way.

Activities more than 300 feet from the nearest edge of the main traveled way.

Activities conducted in a building principally used as a residence.

Railroad tracks, minor sidings, and passenger depots.

Junkyards, as defined in the Highway Beautification Act of 1965 (23 U.S.C. 136).

"Junk" means old scrap, copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

"Junkyard" means an establishment or place of business which is maintained, operated or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

"Main Traveled Way" means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas.

"Nonconforming Yard" means a yard which was in existence prior to July 24, 1967; but

is not located within a zoned or unzoned industrial area;

has not yet been made conforming by screening or removal to comply with the Act; or

those which were established after July 24, 1967, and were screened in compliance with the standards at that time but do not meet the revised screening standards.

A nonconforming yard that was in existence as of July 24, 1967, but has since expanded to additional contiguous land, either owned as of July 24, 1967, or subsequently acquired, is classified as a nonconforming yard in its entirety.

"Recyclers and Junkyard Control Act" is used in these Rules to mean the legislation approved by the Illinois General Assembly entitled "An Act Relating to the Control, Location, Fencing, and Acquisition of Junkyards and Scrap Processing Facilities in Areas Adjacent to the Federal-aid Interstate and Federal-aid Primary System of Highways in Illinois" approved and effective July 24, 1967.

"Scrap Processing Facility" means any establishment having facilities for processing iron, steel, nonferrous scrap, mineral wastes or slag, and whose principle produce is scrap iron, steel, or nonferrous scrap for sale for remelting or recycling purposes only.

"Screening" means the use of any vegetative planting, fencing, ornamental wall of masonry, or other architectural material, earthen embankment, or a combination of any of these.

"Unzoned Industrial Area" means the land occupied by the regularly used building, parking lot, storage or processing area of an industrial activity, and that land within 1000 feet thereof which is:

Located on the same side of the highway as the principal part of said activity, and

Not predominantly used for residential or commercial purposes, and

Not zoned by State or local law, regulation or ordinance.

"Visible" means capable of being seen at normal driving speed without visual aid by persons of normal visual acuity.

"Written Notice or Written Notification"

"Written notice or written notification" of the voiding of a permit means notice of the date, time, location and type of a hearing to be afforded the permittee before voiding of the permit; or

"Written notice or written notification" of the requirement to obtain or renew a permit means notice of the date, time, location and type of a hearing to be afforded the operator before legal action will be taken.

"Yard" as used in these Rules shall mean any and all of the activities defined in the above paragraphs "junkyard," "automobile graveyard" and "scrap processing facility".

"Zone of Control" means all areas inside the boundaries of this State which are adjacent to and within one thousand feet of the edge of the right of way of any controlled portions of the Federal Aid Interstate and Federal Aid Primary Highway Systems. Any revision in right of way limits after initial control is obtained will require a similar revision in the control area.

"Zoned Industrial Area" means any area zoned industrial by an official zoning authority of the State.

Section 520.30 Measurements of Distance

a) Distance from the edge of a right of way shall be measured horizontally along a line normal or perpendicular to the centerline of the highway.

b) Distance along the highway shall be measured along the centerline of the highway.

Section 520.40 Establishment of New Yards

No one shall establish a junkyard or scrap processing facility within the zone of control unless it is:

a) Located within a zoned or unzoned industrial area, or

b) located outside of a zoned or unzoned industrial area, but screened so as not to be visible from the main traveled way.

Section 520.50 Yards in Existence as of July 24, 1967

Yards which were legally in existence as of July 24, 1967, if located outside of a zoned or unzoned industrial area, will be screened from view or removed to a conforming location by the Department of Transportation or the Department may make such arrangements as are necessary to accomplish the screening or removal.

Section 520.60 Permits

a) No one shall establish a junkyard, any portion of which is within 1000 feet of the nearest edge of the right of way of a controlled highway, without first obtaining a permit from the Illinois Department of Transportation.

b) Issuance of Permits

1) Yards in zoned or unzoned industrial areas which were in existence as of July 24, 1967, must obtain a permit within 30 days after notice from the Department.

2) Yards located outside of zoned or unzoned industrial areas which were in existence as of July 24, 1967, will be issued a permit after they have been screened or relocated to a conforming area.

c) When a yard is operated under (a) or (b) above without a valid permit or an operator fails to renew a permit subsequent to written notification, the Department shall take whatever legal action is necessary to abate the nuisance.

d) Renewal of Permits

1) Permits must be renewed by the owner by January 1^st of each year subsequent to their initial issuance. Each yard will be inspected prior to renewal of the permit, and, if it is found to no longer be in compliance with the Act or these Rules, the existing permit will become void upon written notification by the Department.

2) When a permit is voided, a new permit will not be issued until such corrective action as necessary is taken by the owner or owners to bring the yard into compliance. If, after a reasonable length of time, the yard is not brought into compliance, the Department shall take whatever legal action is necessary to abate the nuisance created by noncompliance.

e) The application for a permit or the permit renewal shall be requested by completing the "Application for Junkyard or Scrap Processing Facility Permit for Federal-Aid Primary or Interstate Highway" form and submitting it to the responsible District office of the Department of Transportation.

f) The Department shall not charge for the permit or the permit renewal.

Section 520.70 Completion of the Permit Form

a) If the proposed yard is to be located in a zoned or unzoned industrial area, the application for a permit for all new yards to be located in a zoned or unzoned industrial area shall include the following:

1) Names. The name and address of the owner or owners of the yard and the name and address of the yard, if different from the owners. The name and address of the owner of the real estate is also to be furnished if different than the owners of the business.

2) Location Map. A simple location map showing the location of the junkyard or scrap processing facility in relation to the adjacent Interstate or Primary Route. Such location map shall indicate the direction of north with a north point or arrow, shall show the dimensions of the tract of land, and shall show the distance from the nearest town or city limits or from the nearest intersecting route.

3) Junk Deposit Area. If the tract shown on the location map is larger in area than the space proposed for the deposit of junk, that portion proposed for the deposit of junk shall be cross-hatched and its dimensions shown. Any deposit of junk beyond this area will not be permitted unless a new permit is granted by the Department.

4) Area Type. If the location is zoned industrial, the name of the controlling authority shall be supplied. If the location is not zoned but within 1000 feet of an industrial activity, the distance from the activity and the name of the activity shall be supplied.

b) If the proposed yard is to be located outside of a zoned or unzoned industrial area, the application for a permit for all new yards to be located outside of a zoned or unzoned industrial area shall include the following:

1) Names. The name and address of the owner or owners of the yard and the name and address of the yard if different from the owners. The name and address of the owner of the real estate is also to be furnished if different than the owners of the business.

2) Location Map. A simple location map showing the location of the junkyard or scrap processing facility in relation to the adjacent Interstate or Primary Route and the location of any necessary screening material. The location map shall also indicate which direction is north, shall show the dimensions of the tract of land, and shall show the distance from the nearest town or city limits or from the nearest intersecting highway route.

3) Junk Deposit Area. If the tract shown on the location map is larger in area than the space proposed for the deposit of junk, that portion proposed for the deposit of junk shall be cross-hatched and its dimensions shown. Any deposit of junk beyond the screened area will not be permitted unless a new permit is granted by the Department. Such new permit shall require screening similar to, and in harmony with, the screening method used on the original permit.

4) Plan for Screening.

A) The owner or owners of any junkyard or scrap processing facility shall submit a plan drawn to scale indicating how screening is to be accomplished. Such plan shall show the construction details of the screening to be used.

B) The screening shall be located on the owner's land and not on any part of the highway right of way and should be compatible with the surroundings. The screen shall be in place prior to the time the junk is deposited.

C) A letter authorizing the owner to proceed with the screening project will be issued subsequent to the approval of the proposed yard location and screening plan; however, the permit will not be approved and issued until after the screening material is in place.

Section 520.80 Acceptable Screening Materials

a) Fencing Materials.

1) Subject to the approval of the Department, acceptable fencing shall include fences of steel or other metals, durable woods such as tide water cypress, redwood, or other wood treated with a preservative, or walls of masonry. Some of the types acceptable are:

A) Chain link type with aluminum, steel, plastic, or wooden slat inserts.

B) Wooden types with basket weave, palisade, louver, or other suitable design.

C) Walls of masonry including plain or ornamental concrete block, brick, stone, or other suitable masonry material.

2) The above types of fencing and walls are given as examples only. Any other design of fencing constructed of other materials may be submitted for consideration.

b) Plant Material.

1) Plant material shall be used to complement artificial screening except where it is not feasible to do so as determined by the Department. Unless it can effectively screen the yard on a year around basis plants cannot be used as the sole screening material.

2) Plant materials indicated on the plans submitted for a permit shall specify the name of the plant materials to be used, the size at the time of planting, and the spacing between plants. All plant material shall be taken from nurseries located within, or north of, Zone 6 of the climatic map as shown in Rehder's "Manual of Cultivated Trees and Shrubs", published in 1940. A copy of this climatic map is available at any Department District Office.

Section 520.90 Maintenance

a) The owner or owners of any junkyard or scrap processing facility shall maintain in an acceptable condition the screening for his junkyard, regardless of who established it initially, performing such painting and repairs as is required to keep any fences, walls or other structural material in good condition and appearance. Plant material shall be watered, cultivated, and/or mulched, and given any required maintenance including spraying for insect control, to keep the planting in a good healthy condition. Dead plant material shall be replaced during the next spring or fall planting season following death of the material. The replacement plants shall be at least as large as the initial planting. The screening shall be maintained so that the yard is effectively screened as long as the business is in existence.

b) Failure to maintain the screening in an acceptable condition shall result in the revoking of the junkyard or scrap processing facility owner's permit upon written notification and the Department shall take whatever legal action is necessary to cause the owner of such junkyard or scrap processing facility to provide such maintenance of the screening to the satisfaction of the Department or to abate the nuisance created by the junkyard which is not in compliance with the Act.

c) Extension Beyond Fencing. Any junkyard or scrap processing facility lawfully in existence on the effective date of this Act and screened from view from the highway by the Department, or any yard established after the effective date and screened by the owner may not be extended beyond or above such screening so as to have junk visible from the main traveled way of the highway. Any such visible junk will cause the facility to be in violation of its permit and these regulations and the permit will become void upon written notification by the Department.

d) The Department shall then take whatever legal action is necessary to abate the nuisance created by the junkyard which is not in compliance with the Act.