Illinois Administrative Code › Title 92 - TRANSPORTATION › 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 520.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
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. 951/2, 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.