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Government Earth United States

Chicago To Shutdown Composting Business Because Regulations Don't Cover Worms (blockclubchicago.org) 97

schwit1 shared an article from Reason's "Volokh Conspiracy" blog: Nature's Little Recyclers is a father-son business that does composting on empty residential lots, transforming organic waste into nutrient-rich soil. Last year, the business's worms processed 10 tons of banana peels and cups from the Chicago Marathon that would otherwise have gone to a landfill. But Chicago officials are going to shut the business down -- and not because the city doesn't think composting is a good thing (the city's sustainability website directs people to Nature's Little Recyclers). Rather, the city's business and zoning regulations weren't designed to accommodate small and innovative operations like Nature's Little Recyclers.
"None of these operations met the criteria for garden composting or an on-site organic waste composting operation," said Anel Ruiz, spokesperson for the Department of Public Health, in a statement to Block Club Chicago, adding "Further, these sites are not properly zoned for commercial composting."

But another perspective was shared by lawyer Amy Hermalik, associate director of the Institute for Justice Clinic on Entrepreneurship at the University of Chicago. "The city will unofficially imply there's wiggle room, saying it only enforces certain ordinances against 'bad operators,' but that leaves businesses subject to shifting political winds or personal whims, Hermalik said. 'They [the city] have an incredible amount of power to do as they please.'"
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Chicago To Shutdown Composting Business Because Regulations Don't Cover Worms

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  • Is one of the largest issues with the economy today. I'm spitballing a bit, but I'd say half of the regulations are great and keep people safe and business operating properly. Half are protectionist, nonsensical, outdated or so broad or vague nobody knows how to follow them.

    • Close but not quite. Most are their to allow arbitrary enforcement. Can't rule a country filled with innocent people.

    • The problem is the justice/legal system is far too much by the books. There are too many people who use the word of law and regulations to do things that are in contradiction to what benefits society or are worded in a way where innovative way to help society are not allowed because of flaws in the law.

      Americans and the English culture seems to encourage following the Letter of the Law, and people will protest and fight people who break the letter of the law, even though what they are doing is beneficial t

      • by tsqr ( 808554 )

        The law that causes the most trouble for people who think laws should be simple and "flexible", is the law of unintended consequences.

        • by djinn6 ( 1868030 )

          Complexity has nothing to do with how good the law is.

          Here's an actual, complex law:

          Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, or attempts or conspires to do such an act, shall be imprisoned for not more than 25 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both.

          Here's a simpler, more flexible version of the same law:

          Any person who intentionally sets fire to property and presents a danger to others, shall pay for the damages they caused and/or be imprisoned for less than 25 years.

          Now, suppose somebody sets fire to a platter of thermite. In the first version, the prosecution would have to spend time to convince the jury that thermite is a building material or munition. In the second, they would spend that time arguing that burning thermite endangers others. Which is the more important question? Which do you think the court should spend time delib

          • by piojo ( 995934 )

            I applaud you for taking the time to come up with such a concise and clear example. I think it really illustrates that the complex laws are clearer in their intent. The first law is clearly not meant to cover setting a dumpster on fire, and possibly not thermite (depending on what it's used for). This is an ideal case, because real world laws are written with special interests in mind, often being written in entirety by special interest groups.

            When a law is vague, application is left up to the discretion of

            • by djinn6 ( 1868030 )

              I think what you're seeing as clarity in the first example is exactly what I see as a problem. You'd think a dumpster fire is not covered, but if by chance there was a piece of 2x4 in it, prosecution can now argue it's setting fire to construction material.

              More importantly, it gives no consideration to the danger caused by the action. If someone set fire to a discarded pile of 2x4s in the middle of an empty desert, then it's not particularly harmful to anyone, and probably shouldn't even be prosecuted. But

    • Comment removed based on user account deletion
      • Re:Regulation (Score:4, Informative)

        by ShanghaiBill ( 739463 ) on Saturday March 16, 2019 @05:28PM (#58285364)

        Nah, this just sounds like the same stupid zoning shit you get everywhere in the US.

        Not everywhere. For instance, Houston has no zoning.

        • by rtb61 ( 674572 )

          Australia is zoned as tight as it can be, detailing use and look, extremely strictly enforced. Everyone knows what they are buying into and if they try to change use, they will be shut down hard, good. The only sane way to manage property zoning.

          Else you get capitalist chaos. Oh look there is a nice neighbourhood, let's buy a property, put the worst industry you can get away with to drive out the other residents and oh look, no one wants to buy now and down go property prices. Buy up cheap and shut down th

          • Australia is zoned as tight as it can be

            "Australia" is nothing. The zoning restrictions varies greatly from city to city. Local councils are in control of it.

          • by epyT-R ( 613989 )

            Whatever you say, comrade. gotta have extreme micromanagement because anything less is anarchy. Dictators always love those false dilemmas.

        • Coral Springs Fl. is so whacko that one must get approval for any paint used on a home before painting. We have so many homeless here that we need to allow all kinds of nonsense in order to shelter the homeless and also not restrain where they can camp as they essentially try to drive the poor away by making life impossible for them. A tent or cardboard box is a whole bunch better than nothing at all.
  • by JoshuaZ ( 1134087 ) on Saturday March 16, 2019 @03:44PM (#58284984) Homepage
    This is another example of how zoning and business regulations in the US have run amok where the default is that something can't happen. This is the same sort of trend that is making it so difficult to build even residential homes in the Bay Area and elsewhere. And this isn't a problem in many other parts of the world; look for example at how zoning in Japan functions based on nuisance level http://urbankchoze.blogspot.com/2014/04/japanese-zoning.html [blogspot.com]. Not only does this sort of thing cause economic harm, not only does it unnecessarily restrict basic liberties, but it causes environmental damage by encouraging urban sprawl and interfering with businesses and ideas that are even slightly outside the ordinary in how they are trying to be helpful or reduce waste.
    • This is another example of how zoning and business regulations in the US have run amok where the default is that something can't happen.

      The default with all zoning laws is that something can't happen. Nuisance has a broad definition. Slight smell coming over? Nuisance. Delivery truck in the street? Nuisance. The Japanese system is somewhat retarded in that it promotes low value slums and poverty without city planning to prevent it by allowing things like residential buildings to be built in industrial complexes naturally keeping land value low while also impacting citizens health.

      There's a lot wrong in the Bay Area with zoning, but absolute

  • by 110010001000 ( 697113 ) on Saturday March 16, 2019 @04:03PM (#58285042) Homepage Journal

    I get it.

  • There is probably some large, mob-owned trash business that is benefiting from this ruling. That's why the biggest line of business in the city is gangland shootings.

  • by SuperKendall ( 25149 ) on Saturday March 16, 2019 @04:08PM (#58285064)

    "The city will unofficially imply there's wiggle room, saying it only enforces certain ordinances against 'bad operators,' but that leaves businesses subject to shifting political winds or personal whims,"

    So the real story here is the busses missed the subtle hints as to who they needed to pay off to let the business keep working.

    Why anyone would start a business in Chicago of all places is beyond me, unless you were sure of profitability after paying out the substantial graft required.

  • by Solandri ( 704621 ) on Saturday March 16, 2019 @04:17PM (#58285106)
    A friend of mine ran a commercial building in Chicago. He was constantly getting fined for obscure and trivial building code violations, like a cracked window or burnt out light bulb (someone might trip and get hurt at night if they're walking around inside an unrented warehouse space where the lights aren't even turned on at night!). I happened to accompany him during one of the inspections, and it was obvious the inspector was expecting a bribe. He stated the problems he found and how much the fine would be, then he paused to give my friend a chance to respond. When my friend missed the unspoken message and asked how much time he would have to fix everything, the inspector didn't answer the question, reiterated the amount of the fine again, and paused. My friend's problem was that he was too principled to bribe anyone. It never even occurred to him that an inspector would expect a bribe.

    That's probably what's going on here. The guy running this composting business either refused to or doesn't know he's supposed to bribe the city officials.
    • by Anonymous Coward

      I'll take "Things That Didn't Happen" for $1000, Alex

      • I'll take "Things That Didn't Happen" for $1000, Alex

        I'll take the "things that happen daily - Double" for $2000, Alex.

      • by sfcat ( 872532 )

        I'll take "Things That Didn't Happen" for $1000, Alex

        You must be incredibly naive. When I die, I'm moving to Chicago so I can still vote.

    • by rsilvergun ( 571051 ) on Saturday March 16, 2019 @05:48PM (#58285432)
      You notice Chicago more because the mainstream media likes to cover it, that's all.

      I'll give you the classic example I like to trout out from my little town. Down here there was a land owner who wanted some state trust land. Trust land, if you don't know, is when the state holds land in "trust" until a developer is ready to do something with it so they don't have to pay property tax in the meantime.

      Anyway, this particular plot of land wasn't for sale, because it was full of an endangered species of goat. But that landowner wanted it. So what did he do? Bought a plot of land next to it, put up some rickety fences, put a bunch of sheep with syphilis on the land, waited for the sheep to jump said rickety fence and for the goats to do what goats do to sheep. The sheep had various immunities, the goats did not. Wasn't long and the goats were all dead. After that he got his land.

      This is nothing new. Go drag your ass down to your local community college and pull up microfiche of the left wing rags in your local city and you'll find they're full of crap like this. Nobody cares and nobody does anything about it.

      If you want crap like that to change you have to start voting and pay attention to who you vote for. And you have to vote in your primary. Otherwise the local businesses will just buy up the politicians. And local politicians are _cheap_.
      • by Lehk228 ( 705449 )
        this is false, chicago is consistently at or near the top when cities are ranked by quantitative metrics, such as number of officials going to prison on federal corruption charges
        • and the squeaky wheel gets the grease. Like I said, the guy in my example committed a crime and got away with it because nobody particularly cared to prosecute him (nobody important anyway).
    • It being Chicago, this is exactly what is going on. Once the Alderman gets his envelope, the zoning problems go away.

  • They say "these sites are not properly zoned for commercial composting" but "composting" is ultimately nothing more than letting nature take its course. It happens absolutely everywhere: an organic thing hits the dirt, that thing gets consumed and literally becomes the freaking dirt. I didn't realize that the fundamental way things work on this planet required permission from a zoning board, nor that worms give a crap about the board's opinion of their diet. This whole mess is a good example of why being st
    • by tsqr ( 808554 )

      It happens absolutely everywhere: an organic thing hits the dirt, that thing gets consumed and literally becomes the freaking dirt.

      When someone drops a french fry on the ground and it goes through the process of becoming the freaking dirt, no one notices and no one cares. When a commercial enterprise causes ten tons of banana peels to "hit the dirt" and go through the process of becoming the freaking dirt, it causes a powerful stench and lots of people notice and lots of people care. See the difference?

  • That allows for and welcomes productive private sector work.
    Set up the worms and grow a state that welcomes production and jobs.
    A state and city where officials welcome jobs and support work.

    Cities all over the USA that have regulations to attract new jobs.
  • Here we have a situation in which officials consider rules more important than reality. All of the rules must be designed to serve people. When a rule does not serve it must be taken down.
  • The problem with composting is that it’s not commercially viable, hence why commercial com posters typically use heavy chemicals to ‘assist’ the process, they also concentrate a lot of the toxic waste like pesticides from the things they are composting and a commercial composting facility/process in a residential neighborhood will cause a lot of problems with odor or may even be outright dangerous.

  • Ppl used to grow worms for fishing with inside of Chi-town back in the 60s.
  • This is litteraly worm crap right? And they purchased undeveloped residential plots, and are making massive piles of this stuff? Compost stinks. I bet if this went up next door while you were trying to sell your house the value would drop 30%. How locally do they sell their worms and compost?

    They were then selling all this stuff for a profit right? I didn't read anything that said they were a non-profit. So we are now demonizing the city for protecting neighborhoods from a corporation who are making c

  • ... What mob-and-Chicago-City-Hall-connected enterprise wants to take over the composting business, and is using this to take out the competition?

    Better than their traditional "break kneecaps" method, I suppose.

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