BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
County of DuPage,
Complainant,
v.
Jamal Abro,
Respondent.
AC 08-1
5
PROOF OF SERVICE
I, the undersigned, on oath state that I have served on the date of
/
3/ ,
2008,
the attached APPEARANCE, NOTICE OF FILING, ADMINISTRATIV CITATION,
AFFIDAVIT and OPEN DUMP INSPECTION CHECKLIST by personal service:
Jamal Abro
208 Devon
Hanover Park, IL 60133
Subscribed
1411
day ofand rsw•in
to before
,
me
2008.this
"OFFICIAL SEAL"
./
Joy
Hinz
A
Not:1y
Public, Stale of Viands
1,/
County of DuPage County
My Commission %des 08122111
1
503 N. County Farm Road
Wheaton, IL 60187
W:MAF:Abrol.cos 1-30-08
OF
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
?
R
ci_e
ec
RKT
web
FICE
Pollution
Control Board
JAN 2 9 2008
County of DuPage,
STATE
OF
ILLI
NOIS
Complainant,
?
)
v.?
) AC 08-
Jamal Abro,
?
)
Respondent.?
)
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of the County of DuPage.
Respectfully submitted,
Mary Fleriiing
G
?
,72/Y
.4.4
9
Assistant State's Attorney
DATED: January 29, 2008
County of DuPage
508 North County Farm Road
Wheaton, IL 60187
BEFORE 'IHE ILLINOIS POLLUTION CONTROL BOARft Ec
Ei vE
D
ADMINISTRATIVE CITATION?
CLERK'S OFFICE
County of DuPage,
Complainant,
IC
JAN' 2 9 2008
STATE
OF ILLINOIS
Pollution Control Board
v.
Jamal Abro,
Respondent.
AC 08-
NOTICE OF FILING
TO: Jamal Abro
208 Devon
Hanover Park, IL 60133
PLEASE TAKE NOTICE that on this date the ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INPSECTION CHECKLIST were hand delivered to the Clerk
of the Pollution Control Board of the State of Illinois.
Respectfully submitted,
fuL.4 ,
a
:_71
--e•
LA
,
f\A_A.y-y,_c,
Mary Fleming
Assistant State's Attorney
DATED: January 29, 2008
County of DuPage
508 North County Farm Road
Wheaton, IL 60187
(630) 407-8200
BEFORE TH
N.
ILLINOIS POLLUTION CONTROL BOARTLERK'S
RECEIVED
OFFICE
County of DuPage,
JAN 2 9 2008
STATE OF ILLINOIS
Complainant,
Pollution Control Board
v.
)
)
AC
DP-08-0208
-
lb
Jamal Abro,
)
Respondent.
)
ADMINISTRATIVE CITATION
Violation:
Civil Penalty
415 ILCS 5121(p)(1)
$1,500.00
415 ILCS 5/21(p)(3)
$1,500.00
TOTAL: $3,000.00
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the Illinois
Environmental Protection Agency by 415 ILCS 5/1
et. seq.
(1996), specifically 415 ILCS 5/31.1.
FACTS
1.
Complainant, County of DuPage, is a unit of local government to which the Illinois
Environmental Protection Agency has delegated authority to issue administrative citations
pursuant to Section 4(r) of the Illinois Environmental Protection Act, ("Act"), 415 ILCS 5/4(r)
(2007). DuPage County is thus a "delegated unit" and may issue administrative citations under
35 Ill. Adm. Code 108.200.
2.
The Respondent, Jamal Abro, is the present occupant and in control and possession of
the property at 3N509 Oak Road; West Chicago, located in the County of DuPage, State of
Illinois.
3. The property is an open dump, operating without an Illinois Environmental Protection
Agency Operating Permit, and designated with the Site Code #0438065009. The facility is
known to the County as the Jamal Abro site.
4. The Respondent has occupied, controlled and/or operated the facility at all relevant
times hereto.
5. On December 3, 2007, Joy Hinz, Field Inspector for DuPage County as delegated by
the Illinois Environmental Protection Agency, inspected the property. A true and correct copy of
the inspection report, along with Ms. Hinz's affidavit, are attached hereto and made a part
hereof.
6. Based upon direct observations made by Ms. Hinz during the course of her inspection,
DuPage County has determined that Respondent violated the Act as follows:
a.
Respondent caused or allowed the open dumping of waste in a manner
resulting in litter, in violation of Section 21(p)(1) of the Act, 415 ILCS 5/21(p)(1) (2007).
b.
Respondent caused or allowed the open dumping of waste in a manner
resulting in open burning, in violation of Section 21(p)(3) of the Act, 415 ILCS 5/21(p)(3) of the
Act, 415 ILCS 5/21(p)(3) (2007).
7. Based upon the foregoing facts, under Section 42(b)(4-5) of the Act, 415 ILCS
5/42(b)(4-5), Respondent is subject to a civil penalty of Three Thousand Dollars
($3,000.00) for each of the 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 two (2) checks or
money orders with the attached Remittance Form, one check in the amount of
One Thousand Five Hundred Dollars ($1,500.00) payable to DuPage County and
the second check or money order in the amount of One Thousand Five Hundred
Dollars ($1,500.00) payable to the Illinois Environmental Protection Agency to:
DuPage County
Department of Economic Development and Planning
Regulatory Services Division
421 North County Farm Road
Wheaton, EL, 60187
To ensure that you receive timely and proper credit for your payment, complete the attached
Remittance Form and include it with your payment.
3.
You may contest this Administrative Citation by filing a Petition for Review,
including a Notice of Filing, Certificate of Service, and Appearance with the
Illinois Pollution Control Board ("Board").
4.
Any Petition for Review must be filed within thirty-five (35) days of the 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 of the Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
A copy of the Petition for Review must be served on the County of DuPage at the
following address:
County of DuPage
Office of the State's Attorney, Civil Division
508 North County Farm Road
Wheaton, IL 60187
6.
The contents of a Petition for Review and the procedures to be followed are
governed by the Board's procedural rules. Copies may be obtained from the
Clerk of the Board at the address above, by calling the Board at (312) 814-3620,
or from the Board's website at:
http://www.ipcb.state.il.us/rules/procedural/procedural.htm
7.
If you do not contest this Administrative Citation by 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 imposing the statutory civil penalty
set forth above. See Section 31.1(d) of the Act, 415 ILCS 5/31.1(d) and 35 Ill.
Adm. Code 108.500(a).
8.
If you 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.
If the Board
finds
after the hearing that you committed a violation as alleged
above, you will be assessed the hearing costs incurred by the County of DuPage
and the Board. Hearing costs are assessed in addition to the statutory civil penalty
for the violations. If the 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.
If any 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.
If any civil penalty and/or hearing costs are not paid within the time set by the
Board in its final order, the DuPage County State's Attorney's Office 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.
DATE:?
9?2008
?
County of DuPage
Office of the State's Attorney
Lir
?.
jeLryitiL411)
Assistantt tate's Attorney
?
d.
REMITTANCE FORM
County of DuPage,
)
Complainant,
v.
)
) AC
) DP-08-03
Jamal Abro,
)
Respondent.
)
FACILITY:
Jamal Abro Site
COUNTY:
DuPage
DATE OF INSPECTION: December 3, 2007
SITE CODE:
0438065009
CIVIL PENALTY: $3,000.00
Date
SS/FEIN
SignatureRemitted#
Instructions
Enter the date of your remittance, your Federal Employee Identification Number (FON) (or
social security number (SSN) if an individual) and sign this Remittance Form. Print the name of
the person signing this Remittance Form and that person's title, if applicable.
Send two (2) checks or money orders with the attached Remittance Foim, one check in the
amount of One Thousand Five Hundred Dollars ($1,500.00) payable to DuPage County and the
second check or money order in the amount of One Thousand Five Hundred Dollars ($1,500.00)
to the Illinois Environmental Protection Agency to:
DuPage County
Department of Economic Development and Planning
Regulatory Services Division
421 North County Farm Road
Wheaton, IL 60187
day of 20
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
County of DuPage,
)
)
Complainant,
)
v.
) AC 08-
) DP-08-03
Jamal Abro,
)
Respondent.
)
AFFIDAVIT
Affiant, Joy Hinz, being duly sworn, voluntarily deposes and states as follows:
1.
At all times relevant to the above-captioned Administrative Citation, Affiant was
employed as an inspector by the County of DuPage, Department of Economic
Development and Planning.
2.
On December 3, 2007 between 10:37 a.m. and 10:43 a.m., respectively, Affiant
conducted an inspection of the property located at 3N509 Oak Drive; West
Chicago, Illinois.
3.
Affiant conducted an onsite inspection, which included walking around the
property and photographing the site.
4.
In connection with this inspection, Affiant completed the Inspection Report
appended to and made part of the above-captioned Administrative Citation, which
is an accurate record of Affiant's observations and factual conclusions with
respect to the site. This December 3, 2007 inspection report references Affiant's
August 8, 2007 inspection which is also an accurate record of Affiant's
observations and factual conclusions with respect tom n
August 8, 2007.
Subscribed and sworn before me
"OFFICIAL SEAL"
Patricia A. Vail
Notary Pubic, State of Illinois
My Commission Expires 09/20/09
tot
State of Illinois
Environmental Protection Agency
Narrative Tnspection Report Document
Comity: DuPage County
Date: August 8, 2007
Inspector: Joy Hinz
Site No: 0438065009
Location: Abro &a Kleist Property
Time: 11:29 – 11:34 a.m.
3N509 Oak Rd.; West Chicago
Weather Conditions: 78 degrees Fahrenheit. Mostly cloudy. Winds WSW at 2 mph. 84%
humidity. Conditions obtained from The Weather Channel electronic mail.
Estimated Amount of Waste: 3 cubic yards
General Remarks
Pre-Inspection Note: Violation Notice L-2005-DP1045 was issued as a result of an inspection
conducted on October 13, 2005. The Violation Notice alleged open dumping violations for the
stained soil and landscape waste observed open dumped on the property. Subsequently, the
property changed ownership.
Violation Notice L-2007-DP1056 was issued for open dumping violations observed on October
27, 2006. The Notice was received by Mr. Abro (new owner) on February 5 th
. Mr. Abro called
and said that he was working with the neighbor to comply. He said that he would clean it within
45days to avoid submitting a CCA.
I conducted this inspection to determine the status of the site. I found that the trailer filled with
waste tires was no longer on the property. Due to vegetation,
I
was unable to definitively verify
that the wood chips had been removed but the area appeared to have been cleaned. The pieces of
tree trunks were no longer on the site.
There was a burn pile on the northern side of the property east of the garage. It contained aerosol
cans, metal, paper and other municipal solid waste.
On the northern side of the garage, I observed an open container filled with what appeared to be
motor oil. The ground in the area was stained. There were several gasoline cans as well.
I then exited the site.
State of Illinois
Environmental Protection Agency
Site Sketch
County: DuPage County
Date: August 8, 2007
Inspector: Joy Hinz
Site No: 0438065009
Location: Abro fka Kleist Property
Time: 11:29 — 11:34 a.m.
3N509 Oak Rd.; West Chicago
Not drawn to scale
North 4
4
Indicates number and approximate direction of photograph
Photograph 1
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Photographed by: Joy Hin7
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Date: 8/8/07
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Location: Abro Property
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West Chicago
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Comments: Taken facing eastward
A
showing the bum pile on the northern
side of the site.
Photograph 2
Photographed by: Joy Hinz
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Date: 8/8/07
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Location: Abro Property
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Time: 11:30 a.m.
Comments: Taken facing eastward
showing remnants of metal cans,
bottles, paper and other waste that had
apparently been burned.
Photograph 3
Photographed by: Joy Hinz
Date: 8/8/07
Location: Abro Property
3N509 Oak Rd.
-5.!..r..'
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West Chicago
Site No: 0438065009
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Time: 11:31
a.m.
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.
Comments: Taken facing
southward showing the open
container of what appeared to be
motor oil and the stained soil.
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,
,
Photograph 4
-7:
Photographed by: Joy Hinz
–
Date: 8/8/0
,..
,
,
Location: Abro Property
,. ,.
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ii
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3N509 Oak Rd.
West Chicago
-
ti
Site No: 0438065009
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.
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Ti
me: 11:31
a.m.
Comments: Taken facing eastward
showing the stained soil, apparent
motor oil container and gasoline
cans on the northern side of the
garage.
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State of Illinois
Environmental Protection Agency
Narrative Inspection Report Document
County: DuPage County
?
Date: December 3, 2007
Inspector: Joy Hinz
?
Site No: 0438065009
Location: Abro tka Kleist Property
?
Time: 10:37 – 10:43 a.m.
3N509 Oak Rd.; West Chicago
Weather Conditions: 21 degrees Fahrenheit. Sunny. Winds west northwest at 16 mph. Humidity
62%. Conditions obtained from The Weather Channel electronic mail.
Estimated Amount of Waste: 1 cubic yards
General Remarks
Pre-Inspection Notes: Violation Notice L-2007-DP 1056 was issued for open dumping violations
observed on October 27, 2006. The Notice was received by Mr. Abro (new owner) on February
5`h
.
Mr. Abro called and said that he was working with the neighbor to comply. He said that he
would clean it within 45 days to avoid submitting a
CCA.
A follow-up inspection completed on August 8, 2007 found that the site had cleaned most of the
site but additional violations were observed. Violation Notice L-2007-DP1059 was issued as a
result.
I conducted this inspection to determine the status of the site. The bum pile was still on site. It
contained aerosol cans, metal waste, pieces of wood, painted wood, insulation, paper, plastic
bottles and other miscellaneous debris.
On the northern side of the garage, the automotive fluids had been removed however the stained
soil was still in place.
I then exited the site.
State of Illinois
Environmental Protection Agency
Site Sketch
County: DuPage County
Date: December 3, 2007
Inspector: Joy Hinz
Site No: 0438065009
Location: Abro flca Kleist Property
Time: 10:37 — 10:43 a.m.
3N509 Oak Rd.; West Chicago
Not drawn to scale
North
At'
4
Indicates number and approximate direction of photograph
Photograph 1
_--...,...-:---
.
-?
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-,.. .:,
p
.
Photographed by: Joy Hinz
,,„„
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Date:?
12/3/07
,.*.
fr,
-?21'
IN-
Location: Abro Property
3N509 Oak Rd.
West Chicago
.,
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Site No: 0438065009
Time: 10:40 a.m.
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Comments: Taken facing eastward
showing the open burning pile.
Photograph 2
--?
-
,
Photographed by: Joy Hinz
.,.?
--,
, <4.
41...,
l
q" ?
.:...4.
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-
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Date: 12/3/07
...
----
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Location: Abro Property
3N509 Oak Rd.
West Chicago
Site No:
0438065009
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-
Time: 10:40 a.m.
,
Comments: Taken facing eastward
showing insulation, pieces
of
wood,
and paper in the burn pile.
Photograph 3
Photographed by: Joy Hinz
Date:?
12/3/07
Location: Abro Property
3N509 Oak Rd.
West Chicago.
Site No: 0438065009
Time: 10:40 a.m
Comments: Taken facing eastward
showing painted wood, a plastic
bottle, paper debris and insulation in
the burn pile.
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Photograph 4
Photographed by: Joy Hinz
Date: 12/3/07
Location: Abro Property
3N509 Oak Rd.
West Chicago
Site No: 0438065009
Time: 10:41 a.m.
Comments: Taken facing showing
construction wood, painted wood,
aluminum cans, a plastic bottle and
other miscellaneous waste in the burn
pile.
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Comments: Taken facing
westward showing the northern
side of the garage where the
automotive fluids had been.
Photograph 5
Photographed by: Joy Hinz
Date: 12/3/07
Location: Abro Property
3N509 Oak Rd.
West Chicago
Site No: 0438065009
Time: 10:42 a.m.
MARY A. EMING
Assistant State's Attorney
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
County of DuPage,
Complainant,
v.
Jamal Abro,
Respondent.
AC 08-15
RECEIVED
CLERKS
oFt,-ICE
FEB 0
STATE
OF ILLINOIS
Pollution
Contra!
Board
NOTICE OF FILING
To:
Jamal Abro, 208 Devon, Hanover Park, IL 60133
PLEASE TAKE NOTICE
that on the 6th day of February, 2008, the attached
Proof of Service was forwarded by U.S. Mail for filing to the Clerk of the Illinois
Pollution Control Board, Chicago, Illinois.
JOSEPH E. BIRKETT
DuPage County State's Attorney
Attorney No. 50000
503 N. County Farm Rd.
Wheaton, IL 60187
630-407-8200
CERTIFICATE OF SERVICE
The undersigned being first duly sworn upon oath state that I served this notice by
mailing a copy on February 6, 2008 to each person to whom it is directed and depositing
the same in the U.S. Mail at Wheaton, Illinoi ., the proper postage pre.. d.
/Av.,
i
Subscribed and sworn to before me
on February 6, 2008.
/ii
CL
..,
Il
67--
i
•
"OFFICIAL SEAL"
?
3
.9
)
p
Elizabeth Vargas
?
/9
1
i
ill?
Notary Public, State of Illinois
?
k
My
Commission
4,
res
08/30/09
!n
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_......
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Notary