City of Cliicagtt
Ricliard 21. Daley, Clayor
i'liii.ago.
llliiioii 60602-?5ii
(3121 714-7606
(\'nice1
lll?i 714-i731 (FAX)
1112) 744-3586 (TTY)
November 20.2006
'The I-Ionorable Dorothy
Gutln? Cleric
Illinois Pollution Control Board
James R. Thompson Center
100 West Kandolph Street
Suite 11-500
Chicago:
IL 60601
Re:
City of Chicago
Departnie~lt of Envirotliliellt v
1601-1759 East 130th Street; LLC
nc:
Site Code: 0316485103
Ellclosed for filing with the lllinois Pollution Control Board, please
ti~id the origi~lal and nine true copics of an Adiministrative Citation
issued to the
al3ove-referenced Respondent, wit11 a Notice of Filing.
On this
datel
the City of Chicago Department 01' Environn~ei~t
("CDOE"), through its agent. will serve. via haild delivery. this
Administrative Citation upon thc Rcspondei~t. 4s soon as
1
receive the
affidavit of service. I will protnptly file a copy wit11 you. for the
purpose of
entering a default judgement in the r:vent Kespo~ldent Fails
or ~clects not to file a petitio~l for review contestitlg the Adnliriistrativc
Citation.
If you have ally questions or concerns, please contact me at (3 12) 744-
7235.
Sincerely.
Jolm F. I<ryl, CEIMM
Director of Investigations
CDOE Pernxitting and Enforcement Division
Encl
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 21, 2006
* * * * * AC 2007-025 * * * * *
BF",FCDR@ THE ILLINOIS POLLUTION CONTROL BOARD
CI I'Y OF CHICAGO DCI'AR?'M!ZNT
)
OF ENVIRONMRK?'.
1
)
Complainant.
1
1
Site Code: 03 16485 103
v.
1
AC
--
1
1601-1 759 EAST 130"' STREET. LLC
)
NOTICE OF FIII[,ING
To
1601-1759 Fast 130"' Skeet. LLC
PLEASE TAKE NOTICE that on 11/20/06, we caused the attached Administrative
Citation to be filed
u~ith the Clerk of the Illinois Pollution Control Board.
CITY OF
CI-IICAGO
DEPARTMENT OF FNVIRONMENT
Director of Investigatioils
CDOE Permitting and Enforcement Division
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 21, 2006
* * * * * AC 2007-025 * * * * *
BEFORF, THE IE1,INOIS POLLUTION CONTROL BOARD
Cl'fY OF CHICAGO DEPARTMENT
1
01'
ENVIRONMEN,
1
Complainant?
1
Site Code: 03 16435 103
V.
AC
1
1601 -1 759 EAST 1311"' S?'IGF1', LI,C
1
1
Respondent
Civil Pew:
S1,500.130
%l,J0O.OO
TOTAL:
S3,OOO.OO
For this Administrative Cita~ion to 1601 -1 759 East 130"' Street. LLC ("Respondent"), the
City of Chicago Department of
Envirorm~ent ("CDOE") states as follows:
I.
Coinplainant. CDOE: is a unit of local gove~~lnlent
to whicli the Illinois
Environmc~ital Protection Agency has delegated authority to issue administrative citations
pursuant to
Section ,l(r) of the Iili~lois Environnlental Protection Act ("Act"); 41 5 ILCS 514(r)
(2004). CDOE is th~~s
a "delegated unit" and may issue administrative citations 1111der 35 Ill.
Adm. Code 108.200.
2.
Respoildent 130th 1,LC is an Illinois limited liability corporation, and owner of
the property located at 1601-1
759 East 130tii Street in Chicago, Cook County. Illinois (the
"Site"),
3.
011 October
3;
2006, Chicago Department of Environment Supervising
Environmental Inspectors
Stailley Kaehler and Lafayette Rokrtson inspected 1601 E. 130"'
Street. Chicago. Illinois (the "Site").
A gate secured the Site's enhance. Inspectors Kaehler and
Itobertson climbed
3
berm that runs along the property's boundary and salv approximately 200
cubic yards of general construction and demolition debris dumped on the
Site.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 21, 2006
* * * * * AC 2007-025 * * * * *
4.
Based lipon direct observations made by Mr. Kaehler during ille course of his
inspection. CDOE has
determined that Respondent violated the Act as follou-s:
a.
Kesponde~lt caused or allowed the open dumping of waste in a manner
resulting in
littcr., in violation of Section 21(p)(l) of the .Act, 415 ILCS 5!2I(p)(l) (2006).
b.
Respondent caused or allowed the open dumping of waste in a
tnanner
resulting in deposition of general construction and demolition debris. in violation of
Section 21(p)(7)(i) of the Act, 415 ILCS 5121(p)(7)(i)(2006).
5.
Mr.
Kuehler's affidavit? attesting to his material actions and observations, is
attached as
Exhibit 2 ;und niade a Dart of this Administrative Citation.
6.
Based upon the foregoing facts. under Section 42(b)(4-5) of li~c Act. 415 II,,CS
5i42(h)(Li-5) (2006): Respondent is subject to a civil penalty of 01le Thousai:d F'i~ie
I Iundred
I.lollars ($1,500.00) ii~r each of the five violatioils identified above, Sor a tot;il civil penalty oS
Three Thousand Doilars
(S3,000.00).
Notices and Instructions to Respondent
I.
You must Pay
* -
the civil penalhi set forth above unless you contest this
Administrative Citation. 'I'he following paragraphs contain payment instrilclions and more
information about contesting this Administrative Citation.
2.
To pa11 the civil penalty (and any other amounts due) send a check or money
order, payable to the City of Chicago, to:
City of
C'iiicago Department of Environment
Pennitting
and Enforcement Divisio~l
30 Nortl? LaSalle Street
Suite 2500
Chicago.
Illi~~ois 60602
To ensure that you
~.c:ceive time:ly and proper credit for your payment, complete a Remittance
Form (see
Exhibit 3. attached) and include it with your payment.
3.
You may contest this Administrative Citation by fili~lg a Petition for Review,
including a Notice
of Filing, Certificate of Service, and Appearance. with tile Illiiiois Polluiion
CoiitroI Board ("Board").
4
Any Petition for Review must be filed within thirq-five
135)
days of the date
of service of this
Aslminislraiive Citation on you. The Board will not rtview the
Adn~inistrativc Citation if the Petition for Review is not filed within this time.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 21, 2006
* * * * * AC 2007-025 * * * * *
5.
The Pctition for Review must be tiled with:
Clerk of
the Illi~lois Pollutio~i Control Board
James R. 'Thompson Cciiter
100 West Randolph Street
Suite 1
1-500
Chicago. Illi~lois 60601
A copy of the Petition for Review lllust be served on CDOE, at the f(11lowing acidrcss:
City oS Chicago Department of Environiiie~it
Permitting and Enforcement Division
30
Nol-th I.,aSalle Strcct
Suite 2500
Chicago, Illinois 60602
6.
The coiltents oS:1 Petition for Review and the procedures to k.c ii)llo\ved are
governed by the Roard's procedural rules. Copies may be obtained fro111 thc Clerk of the Board
at the address above. by calling the Board at (312) 814-3620, or from the Board's web site at:
7.
If you do not contest this Ad~liinistrative Citation by filing a petition for review
with the Board within tlie allotted time, the Board will enter ail order finding that you committed
the violalions
allege? above and imposing the stat~itoiy civil peilalty sct lorih above. See Section
31.l(d) ofthe Act, 41
5
ILCS ji3I.l(d) (2006j. and
35
Ill. Adm. Code lOS.iOO(a).
8.
IS you conlest this Administrative Citation by 'filing a timely petitioil for review
with the Board, the Board will hold a hearing.
The Board's procedural rules have more
informati011 on hearings; see 35 111. Adni. Code Parts 101 and 108.
9.
If the Board finds after the hearing that you comluitted a vioiatiosl as alleged
ahove. you will he assessed the hearing costs incul~ed by CDOE and the Board. Hearing costs
arc
assessed in addiiioil to the statutory civil penalty Sor the violations. li'tiie Board iinds after
the hearing
that you did not coinlnit a violation as alleged above, or that the violation resulted
Sroln uncontrollable circumstances, you will not be assessed hearing costs :;11d you will not have
to pay a civil penalty.
10.
If an) civil penztlty and/or hearing costs are not paid within !he time set by the
I3oard in its final ouaer, interest on the amount due will be assessed against you froin the date
payment is
due and including the date that payment is received.
1
1.
If any civil penalty andlor hearing costs are not paid within ihc time set by the
Board
in its final ortier, tlie Office of the Illinois Attorney General andlor the City of Chicago
Dcpartmesit of Lax may initiate court proceedings against you to collect the amount duc: plus
any interest accrued. In that event you may also be liable for court costs.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 21, 2006
* * * * * AC 2007-025 * * * * *
Date.
-
CII'Y OF CHICAGO
DEPARTMENT Of: EKVIRONMENT
Sadhu A. Johnston
Com~nissiotler
Department of Fnvirontnent
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 21, 2006
* * * * * AC 2007-025 * * * * *
BEFORE THE ILLINOIS POEI,UTI(DN CONTR81,l8OARD
CITY
01:
CHICAGO T)CPAR'TMENT
1
OF ENVIRONMENI'.
)
1
Complainant,
1
1
Site Code: 0316485103
v.
1
AC
1
1601- 1759 EAST 130"' STREET. I,I,C
1
1
AFFADAVIT
State oi'llliiiois
1
ss.:
Coutity of Cook
1
Affiant. Stan I<aehler, bcing duly sworn, voluntarily dcposes and states as follows:
1.
At all
times relevant to the above-captioned Administrative Citation, Affiant was
employed as a supervising
environnlental inspector by the City of Chicago Department of
Environment.
2.
On October 3; 2006 between 12:i0 p.m. and
1
:00 p.m., Affiant was at 1601-1759
1V.
130"' Street, Chicago, Illinois. Tlle gate to the Site was loclted. By clirn~ii~g
a berm that runs
along the property's boundary, Affiant was able to visually inspect the Site.
3.
In con:lection w-ith this inspection, Affiant cojnpleted the inspcctiotl repoll
appended lo and nlade part of ilie above-captioned Administrative Citation, which is an acc~trate
record of Ai'fiant's observations and factual conclusions with respect to this site.
Subscribed and sworn before me
This I
b*
day of :m
.2006.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 21, 2006
* * * * * AC 2007-025 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CITY OF CIIICAGO DEPARTMENT
)
01: ENVIRONIMENI',
1
1
Complainant,
1
Site Code: 0316485103
V.
AC
1
(CDOE No. 06-03-AC)
1601-1 759
EAST 130t" STREET. LLC
)
\
1
Respondent.
1
REMITTANCE FORM
l~ACII~,1~I'Yil'KCfI'Ili~:'Y:
1601-1759 W. 130"' Street
SITE CODE:
03 16485103
Chicago.
Illinois
COLYTY:
Cook
CIVIL PINA1,TY:
$3.000.00
DATE
01 INSPECTION: 10l0312006
DATE REMITTED:
Signature:
PEINISSN:
Print Nanle:
--
Title:
Instructions
Enter the date of your remittance, your Federal Employee Identificati311 Number (FEIN)
(or social sec~irity nuniber (SSN) if an individual) and sign this Remittance Fornl. Print the name
ol'tlic person signing this remittance Form and that person's title, if applicabIc. Send your check
(payable to City of Chicago) along with Rcsnittance Form to:
City of Chicago
Departtllent of Environment
Pcsn~itting and Enforcement Division
30 North
LaSallc Street
Suite 2500
Chicago,
11, 60602
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 21, 2006
* * * * * AC 2007-025 * * * * *
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCYOC,
Open
Dump
inspection
Checklist
County:
CooWChicago
LPC#:
0316485103
Region:
2 - Des Plaines
LocationISite
Date:
1 010312006
Name:
-
1601-
ST
P
Inspector(s): S. Kaehler
Weather: Sunny 65
degrses
No, of Photos Taken: #
--
4
Est. Arnt. of Waste: 500
yds3 Samples Taker-: Yes #
-
No €3
Interviewed:
Complaint #:
305 1
Oak Grove
Dr. Suite#220
MDUCT ANY WASTE-STORAGE, WASTE-TREATMENT.
roliferation of Disease Vectors
(Open Dump
-
1)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 21, 2006
* * * * * AC 2007-025 * * * * *
N APPLlCATlON FOR A PERMIT T
PECIAL WSTE DETERMINATION
JEPTANCE OF SPECIAL WASTE FROM A WASTE TRAP SPORTER WITI-IOUT A
STE HAULING PERMIT, UNIFORM WASTE PROGRAM REGIS
PoARENT VIOLATION OF:
(0)
PCB;
(0)
CIRCUIT COURT
SE NUMBER:
ORDER ENTERED ON:
Informational Notes
1.
[Illinois] Environmental Protection Act: 415 lLC5 514.
7
-.
Illinois Pollution
~
Control aoard: 35 Ill. Adm. Code. Subtitle
G.
3.
Statutory and regulatory references herein are provided for convenience only and should not be construed as legal
conclusions of the
Agerlcy or as limiting the Agency's statutory or regulatory powers. Requirements of some statutes
and
requlations
-
cited are in summary format. Full text of requirements can be found in references listed in 1. and
2.
above.
4.
The provisions of subsection (p) of Section 21 of the [Illinois] Environmental Protection Act shall be enforceable either
by administrative citation under Section 31 .I 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 [Illinoirj] Environmental Protection Act:
415
ILCS 514(c) and (d).
6.
Items marked with an "NE were not evaluated at the time of this inspection.
Revised 9/2 1/2005
(Opcn Dump
-
2)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 21, 2006
* * * * * AC 2007-025 * * * * *
CITY OF CHICAGO
DZPARTMENT OF ENVIRONMENT
PERMITTING AND ENFORCEMENT
NARRATIVE EVALUATION
INSPECTION DATE:
90131200i3
TIME: PM ?2:30
SITE NAME: Speedy Gonzales
EMPLOYEE: Stan Kaehler
SlTE ADDRESS: 9601 E
i30TH ST
SITE CODE: 0316485103
COUNTY: Cook I Chicago
SUMMARY
Investigator Kaehler and Investigator Robertson received a complaint alleging Speedy has dumped new C
8
D
waste on the site. Upon arrival, we observed the site locked
W
secured. We canvassed the area For an opening to
the site. We were able to vrew the waste piles over the C
8
D berm. There appears to be approx. 200 cubic yards
of broken concrete and
eittler asphalt waste or excavation debris. We were unable to gain access to the site at
this time.
SlTE
CONDITIONS:
4.
The site is partially secured by a C
8
D waste berm and a chain link fence. The berm consist of dirt,
concrete, wood, metal & litter waste debris. There is a path where you can walk into the site between the berm 8
gate.
2.
There are several waste piles scattered along the western area ofthis site. Waste piles consist of dirt,
concrete,
& asphalt waste ( see photos #I,
#2,
#3
& #4 ).
REPORT COMPLETED ? B*'&S
0
NO
NOVISSUED ?
C3
YES
mN/O
INVESTIGATION COMPLETE!> ?
a*-&S
0
NO
ATTACHMENTS?
. [Z-ES
.
NO
V
I, Stan Kaehler an employee of the City of Chicago, Department of Environment, declare :hat I have conducted an
inspection of the above mentioned
property on the date indicated. I further declare that the observations set forth on the
report are true and accurate.
35
STAR #
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 21, 2006
* * * * * AC 2007-025 * * * * *
0316485103
LIST OF APPARENT STATE VIOLATIBPIS
10/03/2006
21
(a)
Caused and allowed the open dumping of waste
21
(d)
(1)
Concuct any waste- storage, waste-treatment, or a waste-disposal operation
without a permit.
21
(d)
(2)
Concuct any waste-storage. naste-treatment, or waste-disposal operation
in
\lolation of any regulations or Standards Adopted by the Board.
21
(e)
Causing or allowing the disposal, treatment, storage or abandonment of
any waste
or transport any waste into this State for disposal. treatment,
storage or abandonment except at a site or facility.
which meets the
requirements of the Illinois Environmental Protection Act.
21
(p) (1)
Causing, or allowing the open dumping of any waste in a mxnneer, which results
in litter at the dump site
21
(P)
(7)
Deposition of General Construction or Demolition Debris: or Clean Construction
or Demolition
Ilebris
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 21, 2006
* * * * * AC 2007-025 * * * * *
MUNICIPAL VIOLATIONS:
7-28-440
-
DUbZBlLNG
BPIY
REAL
CAlJSED and allowed the open dt~mping
ESTATE WITHOUT A PERMIT
of debris on a vacant lot without obtaining
the required permit.
7-28-450
-
OWXER RESPONSIBLE
Owner responsible for the removal or cause
FOR m'B%OVAL/lh'UISANC@
to be removed any debris placed on an un-
ilnprovcd lot.
99-4-1500
-
TREZATNIENT AND
CAUSED and allowed the improper disposal
DISPOSAL OF SOLID
of construction debris an Municipal solid
OK LIQUID WASTE
waste at an unpermitted hcility.
1
1-4-250
-
WASTE HANDLING
CAUSED and operated :,waste disposal
FACILITIES/
facility without first obtaining the required
REQUIRED PERMIT
permit.
7-28-080
-
NUISANCE IN
CAUSED and allowed a public nuisance
CONNE(7TION %ITH
from dumping waste debris on a storage
BUS1 VESS
lot adjacent to residential homes.
7-28-720 Accumulation of Junk
Respondent caused and ,illowed an
or
Materials.
accumulation waste on
thc
ground.
SITE: 1601
E. 130'h ST
Respondent: Speedy Gonzalez Inc.
C/O Dennis Winkler
3051 Oak Grove Dr. Suite
#220
Downers Grove. IL. 605 15
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 21, 2006
* * * * * AC 2007-025 * * * * *
Nap and dab are
Cmviried withou?
%?rrenh/
of any
kind. expressed
or
mpiied.
Business
8
information
Eervices
- GiS
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 21, 2006
* * * * * AC 2007-025 * * * * *
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 21, 2006
* * * * * AC 2007-025 * * * * *
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 21, 2006
* * * * * AC 2007-025 * * * * *