City of Chicago
Richard M. Daley, Mayor
Department ofEnvironment
N.
Marcia Jiménez
Commissioner
Twenty-fifth Floor
30 North LaSalle Street
Chicago, Illinois 60602-2575
(312) 744-7606 (Voice)
(312)744-6451 (FAX)
(312) 744-3586 (TTY)
http://www.cityofchicago.org
September 18, 2003
The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
RFC~VED
CLERK~
OFFICE
StEP
22
~OO3
STATE OF ILLiNOIS
pollutiOfl
Control
Board
Re:
City of Chicago Department ofEnvironment v.
Kazimierz Sobko
CDOE No. 03-03-AC
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.
ot Chicagc .C~epartment
of Environment, through
its agent, will serve, via hand delivery, this Administrative Citation
upon
the Respondent.
As soon a~
i receive the affidavit of service, I
will promptly file.a cory with yo;i. for the purpose of entering a default
•
judgement in the event Respondent fails or elects not to file a petition
for review contesting the Admiuiistrative Citation.
If you have any questions or concerns, please contact me at (312) 744-
• 3172.
End.
J. Potthoff
Assistant Commissioner
Chicago Department
Chicago
Department of
Environment
CITY OF CHICAGO DEPARTMENT
OF ENVIRONMENT,
Complainant,
V.
KAZIIvIIERZ SOBKO
Respondent.
)
)
)
)
)
ACt~)
)
(CDOE No. 03-03-AC)
)
)
)
)
RE
CE
~i~l~•
ED
CLERK’S
OFFICE
SEP
222003
BEFORE
TflE
ILLINOIS POLLUTION CONTROL BOARD
•
STATE OF ILLINOIS
•
Pollution
Control Board
NOTICE OF FILING
To:
Kazimierz Sobko
PLEASE TAKE NOTICE that on
..
,
we caused the attached Administrative
Citation to be filed with the Clerk of the flhitiois Po~UutionControl Board.
CITY OF CHICAGO
DEPARTMENT OF EN
By:
Johnna J.
Assistant Commissioner
Permitting and Enforcement Division
CLERI~
h1~,~P
BEFORE
THE
ILLINOIS POLLUTION CONTROL
BOARDSEP
22
2003
STATE OFt
CITY OF CHICAGO DEPARTMENT
)
.
Poll~tj0,2
c0~’~
OF
ENVIRONMENT,
)
rd
)
Complainant,
)
V.
)
AC________
)
(CDOE No. 03-03-AC)
KAZIMEERZSOBKO
)
)
Respondent.
)
•
ADMINISTRATIVE
CITATION
Violation:
•
Civil Penalty:
415 ILCS
512l(p)(l)
$1,500.00
415 ILCS
S/2l(p)(~t)
$1,500.00
415 ILCS 5/2l(p)(7)
$1500.00
TOTAL:
$4,500.00
Facts
For this Administrative Citation to
Kazimierz Sobko, the City of Chicago
Department of
Environment (“CDOE”)
states as follows:
1.
Complainant, CDOE,
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)
(2003).
CDOE is thus a “delegated unit” and may issue administrative citations under 35
111.
Adm. Code
108.200.
2.
Respondent, Kazimierz Sobko is an illinois resident who owns and operates an
auto body shop located at
1960 North Long Avenue, Chicago, illinois.
3.
On July 21, 2003, CDOE inspector Kenneth Scott inspected Respondent’s
property.
A copy of his inspection report is attached as Exhibit
1 and made a part of this
Administrative Citation.
4.
Based upon direct observations made by Mr. Scott during the course ofhis
inspection, CDOE 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 2l(p)(l) of the Act, 415 ILCS 5/2l(p)(l) (2003).
b.
Respondent caused or allowed the deposition of waste in standing or
flowing waters, in violation of Section 2l(p)(4.) of the Act, 415 ILCS
5/2l(p)Qt) (2003).
c.
Respondent caused or allowed the
open dumping of waste in a manner
resulting in deposition of general and/or clean construction or demolition debris, in
violation ofSection 2l(p)(7) of the Act, 415 ILCS
5/2l(p)(7) (2003).
5.
Mr. Scott’s affidavit, attesting to his material actions and observations, is attached
as Exhibit 2 and made a part of this Administrative Citation.
6.
Based upon the foregoing facts, under Section 42(b)(4-5) of the Act, 415
ILCS
5/42(b)(4-5) (2003), Respondent is subject to a civil penalty of One Thousand Five Hundred
Dollars
($1,500.00)
for each of the violations identified above, for a total civil penalty of
Four
Thousand Five Hundred Dollars
($4,500.00).
Notices
and Instructions to Respondent
1.
You must pay the civil penalty setforth above unless you contestthis
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 of Chicago, to:
City of Chicago Department of Environment
Permitting and Enforcement Division
30 North LaSalle Street
Suite 2500
Chicago, Illinois
60602
To ensure that you receive timely 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 filing a Petition forReview,
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 ofthe illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, illinois
60601
A copy of the Petition for Review must be served on CDOE, at the following address:
City of Chicago Department ofEnvironment
Field Operations Division
30 North LaS alle Street
Suite 2500
Chicago, Illinois
60602
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, orfrom the Board’s web site 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 and imposing the statutory civil penalty set forth above.
See Section
31.1(d) of the Act, 415 ILCS
5/31.1(d)
(2003), and 35 ill.
Adm. Code
108.500(a).
8.
If you contest this Administrative Citation by filing a timely petition forreview
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 CDOE 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 Office ofthe illinois Attorney General and/or the City of Chicago
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.
/
CiTY
OF CHICAGO
Date:
~Y/’
/
c~
03
DEPARTMENT OF ENVIRONMENT
By:
~
~
N/M
cia Jimén7~2’
Commissioner
BEFORE THE
ILLINOIS POLLUTION CONTROL BO~kWK’SOFF!CE
CiTY OF CHICAGO DEPARTMENT
)
SEP
22
2003
OF ENVIRONMENT,
)
STATE OF ILLINOIS
Polj~t,0~
Control Board
•
Complainant,
)
v.
)
ACIY4/4
)
(CDOE No. 03-03-AC)
EAZIMIERZ
SOBKO
)
)
Respondent.
)
AFFADAVIT
State of illinois
)
)
ss.:
County of Cook
)
Affiant, Kenneth Scott, 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 City of Chicago Department of Environment.
2.
On July 21, 2003 between 9:00 a.m. and 10:00 a.m., Affiant conducted an
inspection of the property at
1960 North Long Avenue, Chicago, Illinois
by the City of Chicago
Department ofEnvironment.
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
reco
ofAffiant’s observations and factual conclusions with respect to this site.
Kenneth Scott
Subscribed and sworn before me
•
OFFICIALSEAL
This
~
day of
~t4~k
,
2003.
NOTARY PUBLIC STATEOF ILLINOIS
MY
COMMISSION EXP
FEB.
6,2005
Notary Public
RE
CE
~VE
~
CLERK’S
CFFICE
SEo
0
~)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE
OF ILLINOIS
CITY OF CHICAGO DEPARTMENT
)
Pollution
Control Board
OF ENVIRONMENT,
)
)
Complainant,
)
v.
)
AC_________
)
(CDOE No. 03-03-AC)
KAZIIvIIERZ SOBKO
)
)
)
Respondent.
)
REMITTANCE
FORM
FACILiTY/PROPERTY:
1960 North Long AVe.
SiTE CODE:
0318993002
COUNTY:
COOK
CIVIL PENALTY:
$4500.00
DATE
OF
INSPECTION:
07/21/2003
DATE REMITTED:________
Signature:
________________________
FEIN/SSN:
__________________
Print Name:
•
Title:
______________________
Instructions
Enter the date of yourremittance, 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 of Chicago) along with Remittance Form to:
City of Chicago Department of Environment
•
Permitting and Enforcement Division
30 North LaS alle Street
Suite 2500
Chicago, IL 60602
CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
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