BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
CLERK’S
OFFICE
OCT
102003
CITY OF CHICAGO
)
DEPARTMENT OF ENVIRONMENT,
)
SIATE OF
ILUNOIS
Po!hajo,.,
Control Board
Complainant,
)
)
v.
)
AC 04-13
)
(CDOE No. 03-02-AC)
EDDIE GREER,
)
)
Respondent.
)
CERTIFICATE OF
SERVICE OF ADMINISTRATIVE CITATION
Attached hereto is the serving officer’s certificate of
service
of the attached
Administrative Citation on respondent Eddie Greer.
Service was made on October 3, 2003.
THE CITY OF
CHICAGO
DEPARTMENT OF
ENVIRONMENT
Mara S. Georges
Corporation Counsel
By:
Mara S.
Georges
Corporation Counsel
Charles A.
King
Assistant Corporation Counsel
30 N. LaSalle St., Suite 900
Chicago, IL 60602
(312) 742-0330
Assistant Corporation
RETURN TO:
Charles
King
STATE OF ILLINOIS
)
COUNTYOFCOOK
)SS
—
pER&~WA
L
5EI&/CE
AFFIDAVIT OF POLICE OFFICER
CASE NUMBER:
AC 04-13
FILED DATE:
9/22.03
Eddie Greer (defendant)
9923
S.
Peoria
Chicago, IL
COURTROOM:
IPCB
DOB:____
(Possible alternate address:
14
W. 65th St.
This may be a relative.)
(A)
I,
the
undersigned,
being
over
eighteen years
of
age, not
a party to
the
action
and duly
sworn
on
oath,
certify
that
I
served
-
Administrative Citation
on the defendant as follows:
(1) PERSONAL SERVICE:
By leaving a copy of the
Administrative Citation
with the named defendant personally.
D
(3)SERVICE
ON:
Corporation
Company
Business
Partnership
.
By leaving a
copy
of
Administrative Citation
with the registered agent,
authorized person
or partner of defendant.
R ~
~
1J
(4) CERTIFIED MAIL
#_______________________________
CLERK~S
OFFICE
OCT 10
2003
____________
________
STATE
OF
ILLINOIS
Pollution Control
Board
(C)
I AM A DULYAUTHORIZED TO SERVE PROCESS TN THIS CAUSEAND STATE THAT THE INFORMATION CONTAINI
IN (A) AND (B) ABOVE IS THE TRUTH.
(B)
The party served is described
as follows:
(1)
SEX
RACE
I
AGE______
(2)
Name
of
Defendant: Eddie Greer
SUMMONS
SERVED ON:~tSt~.
~
THIS
DAY
OF
~
C
T
,20
~
~-
TIME:
Lj
ADDITIONAL
REMARKS:
TERRY HILLARD, CHICAGO POLICE SUPERINTENDENT,
BY:
Signed and Sworn to before me
on:
By:
POLICE
OFFICER, STAR
#
Notary Public
Cook
County,
Illinois
THE NAMED DEFENDANT WAS NOT SERVED:
TYPE OF BUILDING:_______________
NEIGHBORS
NAME:_______________
ADDRESS:
REASON NOT SER VED:
El MOVED
El WRONG ADDRESS
El DECEASED
El
BUILDING VACANT
El NO SUCH ADDRESS
El VACANT LOT
LI
NO CONTACT
El
UNABLE
TO GAIN ENTRY
ATTEMPTED
SERVICES:
DATE
TIME
AM/PM
WITNESS ORDEFENDANT:
-
ADDRESS:
ROOM:
9th
F
2003.10~141
DIE DATE:
10/12/03
INV fi________
SSN:
ADDITIONAL REMARKS:
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
CITY OF CHICAGO
DEP.ARTMENT
OF ENVIRONMENT.
Complainant.
V.
AC
______________
CDOE No.
03-02-AC)
EDDIE GREER
Resnorucnt.
NOTICE
OF FILING
To:
Eddie
Greer
-~/-
~2
PLEASE TA~
NOTICF
at
~
we
caused
the attached
Administrative
Citation to be filed with
the
Clerk
o(
the
llliMois Po~lutionControl
Board.
CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
~
~
~T6i~inna
J.
PotthOTf~
~‘
Assistant
Commissioner
Permitting and
Enforcement Division
BEFORE
THE
ILLINOIS POLLUTION
CONTROL BOARD
CITY OF CHICAGO
DEPARTMENT
)
OF
ENVIRONMENT,
)
Complainant,
)
v.
)
AC______
)
(CDOE No. 03-02-AC)
EDDIE GREER
)
)
)
Respondent.
)
ADMINISTRATIVE CITATION
Violation:
Civil Penalty:
415
ILCS 5/2l(p)(1)
$1,500.00
415
ILCS
512l(p)(’7)
$1g500.00
TOTAL:
$3,000.00
Facts
For this Administrative Citation
to Eddie Greer, the
City of Chicago Department of
Environment
(“CDOE”)
states as follows:
I.
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, Eddie Greer is an illinois resident who is the titled owner of real
property located at 609
West 59th
Street, Chicago, illinois.
3.
On August
14, 2003, CDOE inspector Linda Kelly inspected Respondent’s
property.
A copy of her inspection report is attached as Exhibit
1
and
made a part ofthis
Administrative
Citation.
4.
Based upon direct observations made by Ms. Kelly during the course ofher
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
512l(p)(l)
(2003).
b.
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 of Section 2l(p)(7) of the Act, 415 ILCS
S/2l(p)(7)
(2003).
5.
Ms. Kelly’s affidavit, attesting to
her 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
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 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 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
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 of the illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
A copy of the Petition forReview must be served on CDOE, at the following address:
City of Chicago Department of Environment
Permitting and Enforcement Division
30 North LaSalle 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 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/rules/procedural/procedural.htm
7.
II 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 35111.
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
111.
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 incurredby 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, orthat 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 of the illinois
Attorney General and/or the City of Chicago
Department of Law 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:
/
DEPARTMENT OF
ENVIRONMENT
By:
_________
M~arcia
Jir~f~ez
Commissioner
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
CITY OF CHICAGO DEPARTMENT
)
OF
ENVIRONMENT,
)
Complainant,
)
v.
)
~
)
(CDOE No. 03-02-AC)
EDDIE GREER
)
)
)
Respondent.
AFFADAVIT
State of Illinois
)
)
ss.:
County of Cook
)
Affiant, Linda Kelly, being duly sworn, voluntarily deposes and states as follows:
I.
At all times relevant to the above-captioned Administrative Citation, Affiant was
employed as an inspector by the City of Chicago Department ofEnvironment.
2.
On August
14,
2003 between
9:00
a.m. and
10:00
a.m., Affiant conducted an
inspection ofthe property at 609 West 59th
Street, Chicago, illinois by the City ofChicago
Department ofEnvironment.
3.
Affiarn 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
ade part of the above-captioned Administrative Citation, which is an accurate
and factual conclusions with respect to this site.
~QALSEAL
Subscribed and swo
before me
I
KARENA JACKSON
This
18*.
day of
~‘~Z41t
,
2003.
Notary Public
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CITY OF CHICAGO
DEPARTMENT
)
OF ENVIRONMENT,
)
)
Complainant,
)
)
v.
)
AC
____________
)
(CDOE No. 03-02-AC)
EDDIE GREER
)
)
)
Respondent.
)
REMITTANCE
FORM
FACLJTY/PROPERTY:
609 W 51st St.
SITE
CODE:
0316675092
COUNTY:
COOK
CiViLPENALTY:
$3000.00
DATE OF INSPECTION:
08/14/2003
DATE REMIETTED:________
Signature:
________________________
FEIN/SSN:
_________________
Print Name:
_______________________
Title:
____________________
Instructions
Enter the date of your remittance, your Federal Employee Identification Number (FEIN)
(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 your check
(payable to City of Chicago) along with Remittance Form to:
City of Chicago Department of Environment
Permitting and Enforcement Division
30 North LaSalle Street
Suite 2500
Chicago, IL 60602
~1
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
28
21103
Open Dump Inspection Checklist
AUG28
‘~
RC
Region:
2
ounty:
COOK, CHICAGO
L.C.#:
0316675092
~ocationJSite
Name:
)ate:
8-14-03
ispector(s):
•~‘o.of Photos Taken:
#
4
Est.
Amt. of Waste:
riterviewed:
owner notpresent at time of inspection
To
10:00am.
Weather:
Previous Inspection Date:
CLEARJSunny
yds3
Samples
Taken:
601-09
W.
59th
Street.
L. Kelly
CDOE
Time:
From
~esponsib1e
Party
Aailing Address(es) and
Thone Number(s):
1.
9(a)
8.
DESCRIPTION
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
6.
21(d)
CONDUCT
ANY
WASTE-STORAGE, WASTE-TREATMENT,
OR WASTE-
DISPOSAL
OPERATION:
(1)
Without
a Permit
(2)
In Violation of Any Regulations
or Standards Adopted by
the Board
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
21(p)
CAUSE OR ALLOW
TIlE
O’PEN DUMPING OF ANY WASTE IN A
MANNER
WHICH
_____
___________
RESULTS
IN
ANY
OF
THE
FOLLOWING OCCURRENCES AT
THE
DUMP SITE:
(1)
Litter
(2)
Scavenging
(3)
Open Burning
(4)
Deposition of Waste in
Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
9:00am
46,000
5Y~t~2S
~
Complaint #:
(OWNER)
Eddie
Greer.
9926
South
Peoria
Chicago,
II
60643
Phone No.
Yes#
No
X
(Agent)
512~1
(Open Dump
-
1)
~Oc~-o3’1
6675092
pection. Date:
08-1
4-03
(6)
Standing
or
Flowing Liquid Discharge from the Dump Site
I
9.
55(a)
NO PERSON
SHALL:
(1)
Cause
or
Allow Open Dumping of Any Used or Waste Tire
.
(2)
Cause
or Allow Open
Burning
ofAny Used or
Waste
Tire
10.
11.
12.
13.
812.101(a)
722.111
808.121
809.302(a)
FAILURE
TO SUBMIT AN APPLICATION
FOR A PERMIT TO DEVELOP
AND
OPERATE A
LANDFILL
HAZARDOUS
WASTE
DETERMINATION
SPECIAL WASTE DETERMINATION
ACCEPTANCE 0 F SPECIAL WASTE FROM A WASTE HAULER WITHOUT A
w;
-
,~
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
of Inspector(s)
Informational Notes
I.
illinois
Environmental Protection
Act:
415
ILCS
5/4.
2.
Illinois Pollution
Control Board:
35
III. Adm.
Code, Subtitle 0.
3.
Statutory and regulatory references
herein
are provided
for convenience only
and sbould not
be
construed
as legal
conclusions
of
the
Agency or as
limiting
the Agency’s
statutory
or regulatorypowers.
Requirements of some
statutes and
regulations cited are in
summary
format.
Full text ofrequirements
can be found in
references listedin
1.
and 2. above.
4.
The provisionsof subsection (p) of Section
21 of the Illinois
Environmental
Protection
Actshall be enforceable eitherby
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)
ofthe flhinois
Environmental
Protection Act:
415
ILCS
5/4(c) and (d).
6.
Items markedwith an
“NE” were not evaluated at the time ofthis inspection.
7.
Statutory
effective date:
through
1/8/97.
8.
Regulatory effective
date:
through
12/20/94.
(Open Dump
-
2)
R.~d 512~97
L. P.C.#0316675092
601-09
West 5f/h
Street
08-14-03
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, OR TRANSPORT
ANY WASTE
INTO
TilE
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
TIlE
DUMP SITE: LITTER.
21(P)(7)
DEPOSITION OF
GENERAL CONSTRUCTION
ORDEMOLITION
DEBRIS
OR CLEAN CONSTRUCTION OR DEMOLITION DEBRIS.
55(a)(1)
NO PERSON SHALL: CAUSE ORALLOW
TIlE
OPEN
DUMPING
OF
ANY USED ORWASTE
TIRE
812.101(a)
FAILURE
TO
SUBMIT AN APPLICATION FOR A PERMIT
TO
DEVELOP AND OPERATE A LANDFILL
CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
NARRATIVE
Date: August
14, 2003
Time:9:OOam-10:OOam
Site:
601-09 South Street
Env. Corrd:
L.. Kelly
Site Code:
0316675092
County: Cook/Chicago
I conducted an inspection ofan illegal auto-junkyard.
I arrived on site and made the following
observations
SITE OBSERVATIONS:
•
Neighborhood
Setting: The lot is a commercial parcel.
The property was used as
as a permitted auto junkyard by the previous owner.
At the time of inspection no
one was at the site.
The site was secured fencing, in the alley I observed fly
dumped waste
in front of gate entrance in the alley way.
•
I observed at the entrance behind
the locked fence heavy equipment and waste
auto parts.
I was unable to obtain entrance to the site and was only able to take
pictures through the front gate.
I observed the lot packed to capacity with junk
vehicles, waste auto parts,
and heavy equipment.
I checked with the Department
ofRevenue and DOE files and found that no permit or license is currently issued
forthis address.
SITE SKETCH
CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
FIELD OPERATIONS
DIVISION
DATE:
~/
i~J~j
TIME:
—
O~
‘~
SITE ADDRESS:
-
~
~
SITE CODE:
~‘o
3~
ii.-,
L
‘7 ~
2-
INSPECTOR:
COUNTY:
COOK COUNTYVCHICAGO
c~Lj
U
Li
~t to Scale
II Boundaries are Approximate
:rr~
:F
2SF
T~E~T
CF E~V~C~MENT
F !-~
CT: C ~
F
S
~1ME:
~fl?:
Hi~.-f
—
~ r”
~
—:
/
~n
)
~
L-
~
NSF
ECT
CCt~TY:
CxjC~~co
Roll #:
-
1
~
Photo ~:
________
Cz~rrer,~z:
0
~
Dire~or~:
~.)
__________
I- ~
~
Photo~:
~
Direc~cr~:
O~
______
L
~
—.
__Ot.
~ATE:
SITE:
~
(~
I
-—
C
SITE CODE:
RoH#:
_______
Photo#:
Comments:
-4-t~•Th~~(
~
f~
RoII#:______
Comments:
CITY
OF CHICAGO
DEPARTMENT OF
ENVIRONMENT
PHOTOGRAPHS
TIP.A~.
IC
I~\
~
Ct
~Ji1~7
00
1~~A1
t~~—
INSPECTOR:.
COUNTY:
CookiChicago
__________
Direction:
\.
~
~
‘~-‘
s—’
~
~
~
~
Photo ~:
_________
Direction:
_________
~
