City of Chicago
Richard M. Daley, Mayor
Department of Environment
N. Marcia Jimênez
Commissioner
Twenty-fifth Floor
30 North LaSalleStreet
Chicago, Illinois 60602-2575
(312) 744-7606 (Voice)
(312) 744-6451
(FAX)
(312) 744-3586 (TTY)
http://www.cityofchicago.org
REhE~VED
CLERK’S OFFICE
SEP
10200k
STATE OF ILUNOIS
Pollution Control Board
September
0
,
2004
The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL
60601
Re:
City ofChicago Department of Environment v. Richland
Group Enterprises, Inc.
AC:
~
CDOE No. 04-1 1-AC
Site Code: 0136003219
Dear Clerk Gunn:
Enclosed for filing with the Illinois Pollution Control Board, please
find the original and nine true copies of an Administrative Citation
issued to the above-referenced Respondent, with a Notice ofFiling.
On this date, the City of Chicago Department ofEnvironment
(“CDOE”), through its agent, will serve,
via hand delivery, this
Administrative Citation upon the Respondent.
As soon as I receive the
affidavit ofservice, I will promptly file a copy with you, for the
purpose ofentering a default judgement in the event Respondent fails
or elects not to file a petition forreview contesting the Administrative
Citation.
Ifyou have any questions or concerns, please contact me at (312) 744-
4018.
Special Assistant
Council
CDOE Permitting and Enforcement Division
End.
C
hi
ca
go
Department of
Environment
BEFORE THE ILLINOIS POLLUTION CONTROL BOARIR
E C ~
~V E D
CLERK’S OFFICE
CITY OF CHICAGO DEPARTMENT
)
~O
10200
OF ENVIRONMENT,
)
STATE
OF
ILLINOIS
Complainant,
)
Pollution
Control
Board
)
SITE CODE:
0~36003219
v.
)
AC__________
)
(CDOEN0. 04-11-AC)
RICHLM~DGROUP ENTERPRISES, INC.)
)
)
Respondent.
)
NOTICE OF FILING
To:
Wallace
K.
Moy
53
W.
Jackson Blvd.
Chicago, IL 60604
Registered agent ofRichland Group Enterprises,
mb.:
PLEASE TAKE NOTICE that on
~
JO,
ZGc¼
we caused the attached Administrative
Citation to be filed with the Clerk of the Illinois Pollution Control Board.
CITY OF CHICAGO
DEPARTMENT OF
ENVIROI
By:
Johnn~
Potthoff
CDOE Permitting and Enforcement
BEFORE THE ILLINOIS POLLUTION CONTROL BOARJ~E
C E ~V F D
CLERK’S OFFIG~E
CITY OF CHICAGO DEPARTMENT
)
OF ENVIRONMENT,
)
)
STATE OF
ILLINOIS
Complainant,
)
PoIIut~oii
Control Board
v.
)
AC_________
)
(CDOENo.
04-11-AC)
RICHLANDGROUP
)
SITECODE:
0136003219
ENTERPRISES, INC.,
)
)
Respondent.
)
ADMINISTRATIVE
CITATION
Violation:
Civil Penalty:
415 ILCS
512l(p)(1)
$1,500.00
415 ILCS
5121(p)(7)(i)
$1,500.00
TOTAL:
$3,000.00
Facts
For this Administrative
Citationto
RICHLAND GROUP
ENTERPRISES,
INC.
(“RECHLAND”) the City ofChicago Department ofEnvironment (“CDOE”) states as follows:
1.
Complainant, CDOE, is a unit oflocal government to which the Illinois
Environmental Protection Agency has delegated authority to issue administrative citations
pursuant to
Section 4(r) ofthe Illinois Environmental Protection Act (“Act”), 415 ILCS
5/4(r)
(2004).
CDOE is thus a “delegated unit” and mayissue administrative citations under 35 Ill.
Adm. Code 108.200.
2.
Respondent RICHLAND engages in waste disposal activities and is a registered
Illinois corporation doing business in Illinois.
3.
On August 4, 2004,
CDOE Investigator Lafayette Robertson inspected the site
located approximately at
1800 S. Wentworth Avenue.
A copy ofhis inspection report is attached
as Exhibit
1
and made a part ofthis Administrative
Citation.
Investigator Robertson observed
numerous piles of general construction and demolition debris
and litter.
The general construction
and demolition debris and litter was visible by the public and included but was not limited to
soil, wood, concrete, and bricks.
Investigator Robertson spoke with RICHLAND agent, Wesley
Man Wa Ng, who admitted that RICHLAND caused general construction and demolition debris
and litter to be deposited at the
site.
4.
Based upon direct observations made by Investigator Robertson during the course
ofhis inspection, CDOE has determined that Respondent violated the Act as follows:
a.
Respondent caused or allowed the open dumping ofwaste in a manner
resulting in litter, in violation of Section 21Q)(l) of the Act, 415 ILCS
5/21Q)(1)
(2004).
b.
Respondent caused or allowed deposition ofgeneral construction or
demolition debris in violation of Section 21(p)(7)(i) of the Act, 415 ILCS
5/21(p)(7)(i)
(2004).
5.
Investigator Robertson’s affidavit, attesting to
his material actions and
observations, is attached as Exhibit 2 and made a part ofthis Administrative Citation.
6.
Based upon the foregoing facts, under Section
42(b)(4-5)
ofthe Act, 415 ILCS
5/42(b)(4-5)
(2004), Respondent is subject to
a civil penalty ofOne Thousand Five Hundred
Dollars ($1,500.00) for each ofthe violations identified above, for a total civil penalty of
Three
Thousand Dollars ($3,000.00).
Notices and Instructions
to Respondent
1.
You must pay the civil penalty set forth above unless you contest this
Administrative Citation.
The following paragraphs contain payment instructions and more
information
about contesting
this Administrative Citation.
2.
To pay the civil penalty (and any other amounts due) send a check or money
order, payable to the City ofChicago, to:
City ofChicago Department ofEnvironment
Permitting and Enforcement Division
30 North LaSalle Street
Suite 2500
Chicago, Illinois
60602
To ensure that you receive timely and proper credit for yourpayment, complete a Remittance
Form (see Exhibit
3, attached) and include it with yourpayment.
3.
You may contest this Administrative Citation by filing a Petition for Review,
including a Notice ofFiling, Certificate ofService, and Appearance, with the Illinois Pollution
Control Board (“Board”).
4.
Any Petition for Review must be filed within thirty-five (35) days ofthe date
of service of this Administrative Citation on you. The Board will not review the
Administrative Citation if the Petition for Review is not filed within this time.
5.
The Petition for Review must be filed with:
Clerk ofthe Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
A copy ofthe Petition for Review must be served on CDOE, at the following address:
City ofChicago Department ofEnvironment
Permitting and Enforcement Division
30 North LaSalle Street
Suite 2500
Chicago, Illinois
60602
6.
The contents ofa Petition for Review and the procedures to be followed are
governed by the Board’s procedural rules.
Copies maybe obtained from the Clerk ofthe Board
at the address above, by calling the Board at (312) 814-3620, or from the Board’s web site at:
http://www.ipcb. state.il.us/SLR/BoardProceduralandAdministrativeRules.asp
7.
Ifyou do not contest this Administrative Citationby filing a petition for review
with the Board within the allotted time, the Board will enter an order finding that you committed
the violations alleged above and imposing the statutory civil penalty set forth above.
See Section
31.1(d) ofthe
Act, 415 ILCS
5/31.1(d) (2004), and 35 Ill.
Adm.
Code 108.500(a).
8.
Ifyou contest this Administrative Citation by filing a timely petition for review
with the Board, the Board will hold a hearing.
The Board’s procedural rules have more
information on hearings; see 35 Ill.
Adm. Code Parts
101
and 108.
9.
Ifthe Board finds
afterthe hearing that you committed a violation as alleged
above,
you will be assessed the hearing costs incurred by CDOE and the Board.
Hearing costs
are assessed in addition to the statutory civil penalty for the violations.
Ifthe Board
finds after
the hearing that you did not commit a violation as alleged above, or that the violation resulted
from uncontrollable circumstances, you will not be assessed hearing costs and you will not have
to pay a civil penalty.
10.
Ifany civil penalty and/or hearing costs
are not paid within the time
set by the
Board in its
final order,
interest on the amount due will be assessed against you from the date
payment is due and including the date that payment is received.
11.
Ifany civil penalty and/or hearing costs are not paidwithin the time set by the
Board in its final order, the Office ofthe Illinois Attorney General and/or the CityofChicago
Department ofLaw may initiate court proceedings against you to
collect the amount due, plus
any interest accrued.
In that event you may also be liable for court costs.
j
/
CITY
OF
CHICAGO
Date:
~/ ?‘/
t~
‘7
DEPARTMENT OF ENVIRONMENT
By:
7
~
~4.
Macia
Jimé~Iz
Commissioner
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~C~yED
CLERK’S OFFICE
CITY OF
CHICAGO DEPARTMENT
)
OF ENVIRONMENT,
))
Complainant,
)
STATE
Pollution
OF ILLINOIS
Control Board
AC~
)
(CDOENo. 04-11-AC)
)
SITE CODE: 0136003219
)
)
Respondent.
)
AFFIDAVIT
State of Illinois
)
)
ss.:
CountyofCook
)
Affiant, Lafayette Robertson, being duly sworn, voluntarily deposes and states as follows:
1.
At all times relevant to the above-captioned Administrative Citation, Affiant was
employed as a senior environmental investigatorby the City of Chicago Department of
Environment.
2.
On August 4, 2004 approximately between 11:42a.m. and 2:00 p.m., Affiant
conducted an inspection ofthe property approximately located at 1800 South Wentworth Avenue
in Chicago, Illinois.
Affiant’s onsite inspection included canvassing the site, walking on the site,
and photographing the site.
3.
In connection with these inspections, Affiant completed the Inspection Report
appended to and made part ofthe above-captioned Administrative Citation, which is an
accurate
record ofAffiant’ s observations and factual conclusions with respect to this site.
FURTHER AFFIANT SAYETH NAUGHT.
Subscribed and sworn before me
This
9’~
day of
,
2004.
Robertson
SEP
~~ 200k
v.
RTCHLAND GROUP
ENTERPRISES,
INC.,
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
CLERK’S or:tv’~
CITY OF CHICAGO DEPARTMENT
)
SEP
102004
OF ENVIRONMENT,
)
STATE OF ILu~~S
)
Pollution Control board
Complainant,
)
v.
AC__________
)
(CDOE No. 04-11-AC)
RICHLAI~DGROUIP
)
SITECODE: 0136003219
ENTERPRISES, INC.,
)
)
Respondent.
)
REMITTANCE
FORM
FACILITY/PROPERTY:
SITE
CODE:
0136003219
COUNTY:
Cook
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
08/04/2004
DATE REMITTED:
Signature:
________________________
FEIN/SSN:
__________________
Print Name:
______________________
Title:
____________________
Instructions
Enter the date ofyour remittance, your Federal Employee Identification Number (FEIN)
(or social security number (SSN) if an individual) and sign this Remittance Form.
Print the name
ofthe person signing this remittance Form and that person’s title, if applicable.
Send your check
(payable to City ofChicago) along with Remittance Form to:
City ofChicago Department ofEnvironment
Permitting and Enforcement Division
30 North LaS alle Street
Suite 2500
Chicago, IL 60602
AU~
~
RECE~VED
ILLINOIS ENVIRONMENTAL PROTECTIOT~L~1~N(r
Open Dump Inspection Checklist
SEP
1
112004
~
~jjc~j~.
STATE OF lLLLNO~Y~
County:
COOK, CHICAGO
LPC#:
0316003219
I~g~~tjon
~ontroI Bo~ird
Location/Site Name:
1800
S. Wentworth Ave./Vacant Lot
Date:
08-04-04
Time:
From
To
Previous
InspectionDate:
05-14-01
11:42a.m.
2:00p.m.
_______________
Inspector(s):
F. Garcia,
L. Robertson
Weather:
clear
,
sunny
No. of Photos Taken:
#
8
Est. Amt. of Waste:
850,000
yds3
Samples Taken:
Yes#
No
X
Interviewed:
WesleyMan
WaNa/Loan Officer, Perry Lao
Complaint #:
Responsible Party
Operator:
Owner:
Mailing Address(es) and
Richland
Group
Richiand Group
Phone Number(s):
3016 S.
Halsted St.
3016 S. Haisted St.
Chicago, IL.60608
Chicago, IL.60608
(312) 225-2828
(312) 225-2828
DESCRIPTION
VIOL.
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN
OR ALLOW AIR POLLUTION IN ILLINOIS
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
4.
12(d)
CREATE A WATER POLLUTION HAZARD
5.
21(a)
CAUSE OR ALLOW OPEN DUMPING
X
6.
21(d)
CONDUCT ANY WASTE-STORAGE,WASTE-TREATMENT,
OR WASTE- DISPOSAL
OPERATION:
(1)
Without
a
Permit
X
(2)
In Violation of Any Regulations or Standards Adopted by the Board
X
7.
21(e)
DISPOSE,
TREAT, STORE,
OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE AT/TO SITES
NOT MEETING REQUIREMENTS
OF
ACT AND REGULATIONS
X
8.
2l(p)
CAUSE OR ALLOW
THE OPEN DUMPING OF ANY WASTE IN
A MANNERWHICH RESULTS
IN ANY OFTHE FOLLOWING OCCURRENCES ATTHE
DUMPSITE:
(1)
Litter
x
(2)
Scavenging
(3)
Open Burning
(4)
Deposition_of Waste in Standing
or Flowing_Waters
X
(Open Dump
—
1)
LPC#:031 6003219
Inspection Date:08-04-04
(5)
Proliferation of Disease
Vectors
(6)
Standing or Flowing_Liquid Discharge from the Dump Site
.
9.
55(a)
NO PERSON
SHALL:
(1)
Cause or Allow Open_Dumping of Any Used or WasteTire
X
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE
G
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT
TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUS WASTE
DETERMINATION
12.
808.121
SPECIAL WASTE
DETERMINATION
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE HAULER WITHOUT
A
WASTE HAULING PERMIT AND/OR MANIFEST
OTHER REQUIREMENTS:
14.
APPARENT VIOLATION OF:
(
)
PCB;
(
)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
21(P) (7) DEPOSITION OF GENERAL CONSTRUCTION OR DEMOLITION
DEBRIS; OR CLEAN CONSTRUCTION OR DEMOLITION DEBRIS.
X
CL~
‘~ed4~—~
Signature of Inspector(s)
Informational Notes
1.
Illinois~ Environmental Protection
Act: 415
ILCS 5/~•
2.
illinois Pollution Control Board: 35
Ill. Adm. Code, Subtitle 0.
3.
Statutory and regulatory references herein are provided
for convenience only and should notbe construedas legal conclusions
of
the
Agency or as
limiting the Agency’s statutory or regulatory powers.
Requirements of some statutes and regulations cited are in
summary format.
Full text
of requirements can be found inreferences listed in
1. and 2. above.
4.
The provisions of subsection
(p) of Section
21
of the
Illinois
Environmental Protection Act shallbe enforceable either by
administrative citation
under Section 31.1 of the Act or by complaint under Section
31 of the Act.
5.
This
inspection was conducted in accordance with Sections 4(c)
and 4(d) of the Illinois
Environmental Protection Act: 415
IILCS
5/4(c)
and (d).
6.
Items marked with an “NE”
were not evaluated at the time of this inspection.
7.
Statutory effective date:
through
1/8/97.
8.
Regulatory effective date: through
12/20/94.
(Open
Dump
-
2)
City of Chicago
Department ofEnvironment
Narrative
Date:8-04-04
Time: 11 :42a.m.-2:OOp.m.
Site:1800 S. Wentworth
Investigators: L.
Robertson, F.Garcia
Site Code:0136003219
County:
Cook-Chicago
In
Summary:
Investigators conducted a routine inspection of the
above site address and observed the following:
History:
The above site address is a vacant lot. The site is owned by
the Richard land Group, a Real Estate Business located at 3016
S.
Halsted
St. The owner and manger is Perry Lao, Ph#312-225-2828.
•
The site has a fence with a gate. The gate was down and unlocked.
Also, the fence to the gate was down along West
1
9th
Street.
Open
to
the public.
Investigators canvass the site and observed new signs ofdumping ofmixed
construction waste debris consisting ofthe following:
•
Brick,
•
Stone,
•
Concrete,
•
Wood,
•
Scrap Metal,
•
55ga1. Steel Drums,
•
Tires,
•
Lawn Waste Debris
•
Paper and plastic litter,
•
Standing Water around the dumped mounds.
•
A Truck trailer with a Radioactive logo later ID as a storage trailer
with construction equipment in it.
Approximately 50,000 cubic yards
of new waste construction debris are added to the already 800,000
cubic yards ofwaste construction debris seen on the site on
05-14-0
1
City of
Chicago
Department ofEnvironment
Narrative
Date:8-04-04
Time:11:42a.m.-2:OOp.m.
Site:1800
S. Wentworth
Investigators: L.
Robertson, F.Garcia
Site Code:0136003219
County:
Cook-Chicago
Investigators proceeded to the owner of the above site, business office on
South Haisted Street. The owner was not on the site. We met with is agent
Wesley Man Wa Na Loan
Officer.
•
We returned to the dump site with the owners’ agent who stated he
did not know the dumping was still on going at the site nor did know
the fence was damage and the gate was torn down.
•
The Loan officer stated the waste debris on the site will be tested and
remove to a permit facility. Investigators issued a N.O.V. for
Municipal Code violations of 11-4-250
Waste
Handling Facility
7-28-450
Owner
Responsible
for Removal.
The hearing date is
pending for 09-30-04.
See the attachments.
I,
__________________
an emp’oyee of th~
City
of Chicago Department
of
Environment, certify that
I have conducted an inspection
of the above referenced
pwperty on the date indicated.
I further certify that the observations set forth in this
report are true and accurate.
~
__
~nsp~
#
Signature
Lpc #0316003219
08-04-04
1800 S.
Wentworth Ave.
STATE APPARENT VIOLATIONS
21(a)
CAUSE OR ALLOW OPEN DUMPING.
21(d)(1)
CONDUCT
ANY
WASTE-STORAGE
,
WASTE -TREATMENT, OR
WASTE DISPOSAL OPERATION: WITHOUT
A PERMIT
21(D)(2)
CONDUCT ANY WASTE
-
STORAGE, WASTE TREATMENT, OR
WASTE DISPOSAL OPERATION: IN VIOLATION OF ANY
REGULATION OR STANDARDS ADOPTED BY THE BOARD.
21(E)
DISPOSE, TREAT, OR ABANDON
ANY
WASTE, ORTRANSPORT
ANY WASTE
INTO
THE
STATE AT/TO SITES NOT MEETING
REQUIREMENTS OF THE ACT AND REGULATIONS.
21(P)(1)
CAUSE OR ALLOW THE OPEN
DUMPING OF ANY WASTE IN
A MANNER THAT RESULTS IN
ANY
OF THE FOLLOWING
OCCURRENCES AT THE DUMP SITE: LITTER.
21(P)(4) Deposition ofWaste in Standing or Flowing Waters.
21(P)(7)
DEPOSITION
OF
GENERAL
CONSTRUCTION
OR
DEMOLITION
DEBRIS; OR CLEAN CONSTRUCTION OR DEMOLITION DEBRIS.
55(a) No Person Shall: cause or allow Open Dumping ofAny Used or Waste tire
08-4-04
03 16003219
1800 S. Wentwortl, Ave.
City
ofChicago
Municipal Code Violations
11-4-250
Operating a Waste Handling
Facilities without a Permit.
7-28-450
Owner Responsible for removal.
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cm-
OF
CHI( AGO
DEPART\-IENT
OF ENVIRONIf~iENT
~:~j.j
OTOGRAPHS
Date: 08-04-04
Site:180)
S.
Wcntworth
Site code:
0316003219
Time: 11 :42a.m.—2:OOp.m.
investigator:
L.
Robertson
County:
Cook-Chicago
Roll#7
QPhoto~?1
Direction
NW.
Comnients: Photo of the above
site address ~ooking at the dumped
construction
\~‘aste
dcl)rls
through the down
1~’neeand gate,
Roll~ 7~80Photoi~2Direci~on
N N
Comments:
Closer
\--IC\-v
011
\-\-gsk: & construction
debris onthe
above site
address.
CT1’\~
OF
ChICAGO
1)FPAR’iT~-IENT
OF
ENV1RONMEN~1’
PH(.)TOGRAPHS
Datc:08-04-04
Site:
1 800
S.
Wentworth
Site code: 0316003219
Tinie:i1:42a.m.-2:OOp.m.
knes~igator:L-. Robertson
County:
Cook-Chicago
4
R~D1OACTJV,-~
Rol 1~ 7880
Pliot~4Direc~
ion
N N
Commen tss: Closer
view
ot’ truck
railer wli
construction
vi
iii
equipment on
the
-—I-
p
1
V
i
p
I’
Ro11~7880Photo#3Dii’ectionNW’.
Comments:
Photo ofthe
above site address looking at the side ofa-truck trailer
with
a logo of Radioaetiv~
inside
C
I
‘1
\--‘
OF (HI
CAGO
DEPART1\IENT
OF
ENVIRON~-iENT
P1-I OTOG RAPHS
Date:08-04-04
-
Site:1800 S~
Wentworth
Site code:
0316003219
Rol 1#7880Photo~t_~_Direc
lion
N \-V,
Coninients:
Photo
ol the
the waste piles
.
Time:il:42a.rn.—2:OOp.m.
Investigator:
L.
Robertson
County:
Cook-Chicago
-
above
site address looking
at
the standing water around
Rd
~
7880
Photo~I)irec-~
ion
N F
Comments: Closer view
oi
tbc consti’uetion
waste debris with
55
gal. drum mixed
‘:
i~j
~
Ae
WI ~
~.W
~
~
-.
~..
•,,~
~l
‘~Ø
•~“
:.~L.
4;
.~:
-
-
~
iIiI~L
~
~-
~
V
~.&
~
into piles
C I
TV
OF C H
CAGO
DEPART\1 FV~
OF
ENVIRONMENT
P1
ft)TOGRAP1IS
L)
ate: 08-04-04
Site:1800
S. Wentworth
Site code:
0316003219
tires
Time:11:42a.m.-2:OOp.rn.
investigator:
L-. Robertson
County:
Cook-Chicago
Roll#
7880
Photot$ Direction
NL:
Comments: Closer \iCw
o
I’
thc
site
along
South
1
9
Street investigator
walk
onto the
Roli#7$SOf hoto~7
Direction
NW.
Comments:
Photo of
the- above
site address looking at the waste piles
mixed
with
site at the down
fence
