Slashdot Mirror


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

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.'"

43 of 97 comments (clear)

  1. Regulation by JBMcB · · Score: 1

    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 Half are protectionist, nonsensical, outdated or so broad or vague nobody knows how to follow them.

    --
    My Other Computer Is A Data General Nova III.
    1. Re:Regulation by Crashmarik · · Score: 1

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

    2. Re:Regulation by jellomizer · · Score: 1

      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 to them because they are told that the law needs to be followed so carefully.

      Because the culture wants to follow the law, this makes laws very complex, because an easy general law, will be abused because if someone says you are causing them harm, they just point out to the letter of the law and state they are not doing anything wrong.

      There is a lot of debate on either too much or too little regulation, however, it is more of a problem on how we enforce the regulation when to let something slide, or crack down further.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    3. Re:Regulation by squiggleslash · · Score: 2

      Nah, this just sounds like the same stupid zoning shit you get everywhere in the US. Chicago is nominally a city, or is at least on the interior, so it's not immediately obvious that the same stuff applies to Anytown USA stuff, but it does.

      Most countries do not zone in the same way as the US does where the precise use of a property is strictly controlled. Instead the cities regulate the effects of business, using noise ordinances, pollution/environmental laws, etc, to prevent a location from being a nuisance to its neighbors. So it's easy to run a grocery store or a pub or a restaurant in the middle of a mostly residential area, but if you want to put an automobile repair shop there, you're going to have to make it the world's quietest automobile repair shop or else face so many fines you'll be out of business within a month.

      The US doesn't do this, and there's a reason for that: lobbying by car companies. People need to be able to reach the businesses that serve and employ them. By forcing people to live in large areas that contain no businesses, you're forcing them to make journeys that are usually too far to do by foot, and by creating a patchwork of "zones" with no center, you're making it impossible for public transit to profitably (or at least sustainably) provide those journeys.

      That's what's going on here. The business hasn't been regulated out of existence, in fact REGULATION WOULD HAVE HELPED IT. Regulation would have meant that as long as it complied with reasonable noise and environmental rules (which by all accounts it would have done) it would have done fine. It's instead been ZONED out of existence, legally banned from operating where it is because the type of business its in is banned.

      What's ironic is that Reason usually is one of the chief cheerleaders for this kind of shit. It'd be nice for them to recognize zoning is stupid and anti-freedom, but I suspect they'll be back to promoting free parking mandates and bans on high density mixed use development next week anyway.

      --
      You are not alone. This is not normal. None of this is normal.
    4. Re: Regulation by Anonymous Coward · · Score: 1

      The country is filled with uncharged people who commit three daily felonies per capita. Most are honest, good people. You could hang them. Yes, I'm channeling Richeliu.

      Or maybe I missed your /s.

    5. Re:Regulation by ShanghaiBill · · Score: 3, Informative

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

      Not everywhere. For instance, Houston has no zoning.

    6. Re:Regulation by tsqr · · Score: 1

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

    7. Re: Regulation by _Sharp'r_ · · Score: 1

      I didn't give the original figure, but I'll jump in on the topic with some sources:
      Regulations Cost U.S. Business More Than Canada’s GDP
      The accumulation of rules over the past several decades has slowed economic growth, amounting to an estimated $4 trillion loss in US GDP in 2012 (had regulations stayed at 1980 levels)

      A study published in the Journal of Economic Growth in 2013 finds that between 1949 and 2005 the accumulation of federal regulations slowed US economic growth by an average of 2 percent per year.[5] Had the amount of regulation remained at its 1949 level, 2011 GDP would have been about $39 trillion—or 3.5 times—higher than it was.

      From: John W. Dawson and John J. Seater, “Federal Regulation and Aggregate Economic Growth,” Journal of Economic Growth 12, no. 2 (2013): 137–77.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    8. Re:Regulation by djinn6 · · Score: 1

      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 deliberating on?

    9. Re:Regulation by rtb61 · · Score: 1

      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 the business and ohh look you now have a nice neighbourhood you can sell at a much higher price.

      --
      Chaos - everything, everywhere, everywhen
    10. Re:Regulation by thegarbz · · Score: 1

      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.

    11. Re:Regulation by epyT-R · · Score: 1

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

    12. Re:Regulation by JimSadler · · Score: 1

      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.

    13. Re:Regulation by piojo · · Score: 1

      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 the executive and judicial systems. This can be good, but good police make bad decisions, and bad officers are also hired. Among other issues, a vague law is an opportunity for corruption (as this article's summary alleges). A vague law could be enforced strictly or not, depending on whether an inspector is feeling happy.

      --
      A cat can't teach a dog to bark.
    14. Re:Regulation by djinn6 · · Score: 1

      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 if they light the same fire in the middle of a crowd, they should face more serious consequences.

      I do share your concern for selective enforcement, but I don't think trying to remove discretion from prosecutors and judges is the right way to do it. After all, even with extremely detailed laws that we have today, they still have discretion to not prosecute, or to bring so little evidence to the grand jury so as to prevent any indictment. There are better alternatives like having a panel of peers review a random selection of their decisions. And of course for a high profile case, a watchful public is more powerful than any formal system.

  2. Another example of zoning ruck amok by JoshuaZ · · Score: 4, Interesting

    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. 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.

    1. Re:Another example of zoning ruck amok by squiggleslash · · Score: 1

      Who gives a shit?

      Seriously, if it's safe, and not a nuisance (smelly, emitting pollution, or whatever), why do you care that it's technically a landfill transfer station?

      --
      You are not alone. This is not normal. None of this is normal.
    2. Re:Another example of zoning ruck amok by thegarbz · · Score: 1

      Well if it's not (insert all the reasons why something zoned as a landfill transfer station is bad) then you wouldn't care. But all those reasons are precisely why zoning exists, and nuisance has a very broad definition.

    3. Re:Another example of zoning ruck amok by thegarbz · · Score: 1

      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 absolutely none of it can be fixed by the Japanese system.

  3. "Wiggle room" by 110010001000 · · Score: 5, Funny

    I get it.

  4. In other words, you forgot the Payola by SuperKendall · · Score: 3, Insightful

    "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.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  5. Chicago is incredibly corrupt by Solandri · · Score: 4, Informative

    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.

    1. Re:Chicago is incredibly corrupt by Anonymous Coward · · Score: 1

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

    2. Re:Chicago is incredibly corrupt by pete6677 · · Score: 1

      It being Chicago, this is exactly what is going on. Once the Alderman gets his envelope, the zoning problems go away.

    3. Re:Chicago is incredibly corrupt by sfcat · · Score: 1

      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.

      --
      "Those that start by burning books, will end by burning men."
  6. Re:Your "50 percent" is a complete lie you made up by NoobyNoobyDoo · · Score: 1

    He was making a "guesstimate" and stated as such. That's not lying in the least. It's more accurate to claim you're lying by calling him a liar.

    He could be right... Or he could be low... Or he could be high. I'd gamble he's right on or low.

  7. And Money by Crashmarik · · Score: 1

    Just how much do you think a composting business can be shook down for ?

  8. Re:Your "50 percent" is a complete lie you made up by ItsJustAPseudonym · · Score: 1

    Credit from AC's. That, and a sack, is worth exactly the sack.

  9. In Chicago? by SuperKendall · · Score: 2

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

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

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  10. Steps by SuperKendall · · Score: 1

    They probably started a business there because that is where they happened to live.

    Step 1) Have great idea for business.
    Step 2) Move to some place where the government is not so corrupt they will be sure to eventually shut you down or bankrupt you.
    Step 3) Profit.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  11. The whole damn planet is zoned for it by nctritech · · Score: 1

    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 strongly libertarian (small L, not the party, the political philosophy) is the only correct way to be. Government needs to be small and out of the way, especially considering we're in the most innovative and rapidly changing time period in the history of humanity.

    1. Re:The whole damn planet is zoned for it by tsqr · · Score: 1

      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?

  12. Every city is incredibly corrupt by rsilvergun · · Score: 5, Funny

    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_.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Every city is incredibly corrupt by Lehk228 · · Score: 1

      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

      --
      Snowden and Manning are heroes.
  13. Re:Composting vs Landfill by Sarten-X · · Score: 2

    ...what real difference does it make if they were placed in a landfill?

    Unfortunately, the low-oxygen conditions inside landfills makes for a very poor environment for the aerobic bacteria that eat organic material like paper and plant waste. Without those bacteria and a good supply of fresh air, that waste won't decompose in a landfill much better than plastic.

    That's one reason why worms are so important in composting. Their tunnels carry enough oxygen to keep the bacteria alive, reducing the need to constantly turn the soil.

    --
    You do not have a moral or legal right to do absolutely anything you want.
  14. Move to a great city/state by AHuxley · · Score: 1

    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.

    --
    Domestic spying is now "Benign Information Gathering"
  15. That Darned Disease Again by JimSadler · · Score: 1

    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.

  16. There is probably more to this story by guruevi · · Score: 1

    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.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  17. that is just plain stupid by WindBourne · · Score: 1

    Ppl used to grow worms for fishing with inside of Chi-town back in the 60s.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  18. Re:Wrong Approach by arglebargle_xiv · · Score: 3, Funny

    It's based on worms, if course there's going to be wiggle room.

  19. Random piles of crap? by Vanyle · · Score: 1

    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 crap (literally) to sell for a profit.... whats the problem?

  20. You get what you measure by rsilvergun · · Score: 1

    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).

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  21. So... by Mike+Van+Pelt · · Score: 1

    ... 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.