BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CITY OF CHICAGO DEPARTMENT

OF ENVIRONMENT,

V.

MARVIN J. WILSON

CLERJ’~ OFFj~

SEP 052003

STATE OF

ILLINOIS

Pol/utj0~Control Board

)

Complainant,

)

))

AC(CDOE

~Y~7

No.03-01-AC)

)

)

)

Respondent.

)

NOTICE OF FILING

To:

Marvin J. Wilson

PLEASE TAKE NOTICE that on

__________,

we caused the attached Administrative

Citation to be filed with the Clerk ofthe Illinois ollution Control Board.

CITY OF CHICAGO

DEPARTMENT OF ENVIR~

Johnna J.

Assistant Commissioner

Permitting and Enforcement

---

RECE~VLD~

CLERK’S OFFTCE

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD

SEP 05 2U03

CITY OF CHICAGO DEPARTMENT

)

STATE OF ILLIMOIS

OF ENVIRONMENT,

)

Pollution Control Board

)

Complainant,

)

v.

)

AC_____

)

(CDOE No. 03-01-AC)

MARVIN J. WILSON

)

)

)

Respondent.

)

ADMINISTRATIVE

CITATION

Violation:

Civil Penalty:

415

ILCS 5/21(p)(1)

$1,500.00

415 ILCS 5/21(p)(3)

$1,500.00

415 ILCS 5/2l(p)(7)

TOTAL:

Facts

For this Administrative Citation to

Marvin J. Wilson,

the City ofChicago Department of

Environment (“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)

(2003). CDOE is thus a “delegated unit” and may issue administrative citations under 35 Ill.

Adm. Code 108.200.

2.

Respondent, Marvin J. Wilson is an Illinois resident who was the president and

registered agent ofRamp Services Inc., a dissolved Illinois Corporation that is the titled owner of

real property located at 611 West 51st Street, Chicago, Illinois.

3.

On July 29, 2003, CDOE inspector Benjamin Nwigwe inspected Respondent’s

property. A copy ofhis inspection report is attached as Exhibit 1 and made a part ofthis

Administrative Citation.

---

4.

Based upon direct observations made by Mr. Nwigwe 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 ofSection 2l(p)(l) ofthe Act, 415 ILCS S/2l(p)(l) (2003).

b.

Respondent caused or allowedthe open burning of refuse dumping of

waste in a manner resulting in litter, in violation ofSection 21Q)(3) ofthe Act, 415 ILCS

5/2l(p)(3) (2003).

c.

Respondent caused or allowed the open dumping ofwaste in a manner

resulting in deposition ofgeneral and/or clean construction ordemolition debris, in

violation ofSection 21(p)(7) ofthe Act, 415 ILCS 5/2l(p)(7) (2003).

5.

Mr. Nwigwe’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) (2003), 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

Four

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:

Cityof Chicago 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 your payment, 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 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

---

ofservice of this Administrative Citation on you. The Board wifi 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

Field Operations 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 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.

Ifyou 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) ofthe Act, 415 ILCS

5/31.1(d)

(2003), 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 after the hearingthat 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 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.

~ 1

2

~

CITYOFCHICAGO

Date:

)

1 U

~

DEPARTMENT OF ENVIRONMENT

f11~f~:~

/?

~

By:

/.

~

M rcia Jim1pi5~’z

Commission~r’

---

BEFORE

THE

ILLINOIS POLLUTION CONTROL BOARD

CITY OF CHICAGO DEPARTMENT

)

RECE

~VED

OF ENVIRONMENT,

)

)

SEP 052003

Complainant,

))

~,

—~

STATE OF ILLiNOIS

)

AC

0

—

7

PollutIon Control Board

)

(CDOE No. 03-01-AC)

MARVIN

J.

WILSON,

)

)

)

Respondent.

)

AFFIDAVIT

State of illinois

)

)

ss.:

County of Cook

)

Affiant, Ben Nwigwe, 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 ofEnvironment.

2.

On July 29, 2003 between 3:45 p.m. and 4:00 p.m., Affiant conducted an

inspection of the property located at 611 West 51St Street, 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 ofthe above-captioned Administrative Citation, which is an accurate

record of Affiant’ s observations and factual conclusions with respect to the site. This July 29,

2003 inspection report references Affiant’s May, 13, 2003 inspection report which is also an

accurate record of Affiant’ s observations and factual conclusions with respect to the site on May,

13,2003.

~

~

Ben Nwigwe

Subscribed and sworn before me

This 2~ft?tyof

Ciw

,

2003.

Notary Public

I ~1

Lr~J

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CITY

OF CHICAGO DEPARTMENT

)

RECE~VE~CLERKS

OFFICE

OF ENVIRONMENT,

)

SEP 052003

)

Complainant,

)

STATE OF ILLINOIS

)

C

q

‘~7

Pollution Control Board

v.

)

AC___________

)

(CDOENo. 03-01-AC)

MARVIN J. WILSON

)

)

)

Respondent.

)

REMITTANCE FORM

FACILITY/PROPERTY:

COUNTY:

CIVIL PENALTY:

DATE OF INSPECTION:

DATE REMITTED:_________

Signature:

________________________

FEIN/SSN:

__________________

Print Name: ___________________________

Title: _________________________

Instructions

Enterthe date ofyour remittance, yourFederal Employee Identification Number (FEIN)

(or social security number (S SN) 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 LaSalle Street

Suite 2500

Chicago, IL 60602

---

NARRATIVE FORM

Date:07-29-03

Time:3:45-4PM

Site:611 W

5Pt

St.

Inspector: B. Nwigwe

Site Code:

County: Cook-Chicago

An inspection ofthis address was conducted as part of a follow up for a 05-13-03 open

fire, and ifiegal dumping complaint. Upon arrival I patrolled the general area, and assessed

the site condition which remained unchanged since the previous visit.

The facffity was cluttered with hundreds of wooden pallets in which 65

were

accumulated in the workshop, and the rest were found stacked out side at different

locations, and in trailers. The facility appeared abandoned and unprotected, and is easily

accessible to the public from all angles.

I observed dumped discarded tires, auto parts, trucks, cars, and other debris coupled

with several thousands of pailets. Also a small amount of ashes in (photo #1 and photo #2)

is most likely from open burning. The prior report also has additional photos of ashes.

Site was referred to the Chicago Fire Department (South Area) for the fire hazard. Lt.

Thomas, and Lt. Simmons were contacted on July 22 -2003 at 3:10PM.

(747-7555).

---

DATE:

SITE:

SITE CODE:

CITY OF CHICAGO

DEPARTMENT OF ENVIRONMENT

PHOTOGRAPHS

—i---

/

,~_)

~

i~_

(

~-

-~

~

~//

~ ~•

~s

~:

‘

E

~

•

L~L.

INSPECTOR:

Ben NwIgwe

COUNTY: CookiChicago

RoU #: _________

Comments:

Photo

~

/

r

~

.,

.~.

I

~

~

I

•..~

Rol! #:

_________

Dftect~on: ~

Comments:

Direction:

~

Photo#)

---

/

CITY OF CHICAGO

DEPARTMENT OF ENVIRONMENT

PHOTOGRAPHS

______

TIME:

—

(~

~// ~:j

Roll #: __________

Comments:

Roll #: __________

Comments:_______

)L~

(

Photo

#:-.

~-/

Direction:

.~ ~

I

I

DATE:

SITE:

SITE CODE:

INSPECTOR:

Ben Nwigwe

COUNTY:

CooklChicago

•

4.!

Photo #: _________

Direction: _________

t._ ~

---

-

•/ —

CITY OF CHICAGO

DEPARTMENT OF ENVIRONMENT

PHOTOGRAPHS

TIME:

-~

INSPECTOR: Ben Nwigwe

COUNTY: CooklChicago

/

1/

,

/‘__-

-~

--

~

Roll #:

_________

Comments:

Roll #:

__________

Comments:

Photo #:

Direction:

DATE:

SITE:

SITE CODE:

‘F

7

-.

..-‘~‘

“

~

~

-

_~-~i

-

Photo #: ________

Direction:

—

---

DEPARTMENT

CITY

OFOFCHICAGOENVIRONMENT

12 JUN 2~

COMPLAINT INVESTIGATION FORM

Received by Phone l~( 311 E

Mail C

Date Received:

T31

~3

//

Time:

In Person

DLPC#

County:COOK

O Email 0

Taken/Logged By:

‘~3RCVD

Supervisor Assigned:

~_,~??

~

ESCODE:

Ward:.

7

COMPLAINT LOCATION

“k”

£4J

~‘

~‘

~21S7’~

FACILITY/COMPANY:

_______________

PHONE:

__________________

TO BE FILLED IN BY INSPECTOR ONLY:

Respondent

Facility:

_____________________

Address

~//

~:~‘t/

.:~::‘/

-~‘

Phone:

Complaint Details:

INVESTIGATION SUMMARY

Star#

/7

Date:

Time:

~

/:~/5

-

—

P~L1l

-

Complainant r~p~ifiedof findings?

Referred to:

~

~

White • Investigator

Yes ~‘ç,—’

No C

Citation #

Yellow . Supervisor

Court Date:

9—. V-Q3

Pink • Administration

GAC-166446-8•2

By:

Interviewed:

-~-

---

JUNI2’03 RCV~

CITY OF CHICAGO

12

JUN 2~3

NARRATIVE FORM

Date:05-13-03

Time:12-1:45PM

Site:611 W 51~St.

Inspector: B. Nwigwe

Site Code:

County: Cook-Chicago

The above site was referred to us by Department of Street and Sanitation concerning

DOE violations. Upon arrival I

observed

cinder and ash left over from burnt material on

the ground, some ofthe unburnt pieces ofwood I examined looked the same as the stuck

pilled pallets in photo #1.

There were accumulation of discarded or junk material on the ground including but not

limited to junk car, truck, tires, wood, plastics, drums, garbage truck, dumpster, auto

parts,

and other equipments.

About 20 cubic yards of construction and demolition material and other debris were

dumped on the ground.

No site representative was present at the time ofinspection.

A title search which indicated

Mr. Gregory Paul Smith of 15945 Marsfield St. Harvey IL. 60609 as the respondent was

The following notice of ordinance violations were issued.

Chapter 7-28-080 Nuisance in connection with business

Chapter 7-28-720 Accumulation of material

Chapter 7-28-440 Dumping without a permit

Chapter 7-28-450 Owner responsible for removal

Chapter 11-4-630 Atmospheric pollution

Court date is set for September

11th

2003 See attachments.

,, ~

NJ k)

(

G~

i~bn employee of the City

of Chicaao Department of~

fnvironment. certify that I have conducted an insoection of the ebove referenced

woperty on the date indicated. I further certify that the observaOons set forth in this

report are true and accurate.

/7

~b~~/~4

nsp. #

Signature

---

DATE:

SITE:

SITE CODE:

CITY

PHOTOGRAPHS

/3-03

t~~J

~/-~

TIME:

/~ —

INSPECTOR: Ben Nwigwe

COUNTY: Cook/Chicago

Rolt#: ______

Comments:

Phot~~.

/

Direction: _________

~~

S?~’

a~-’.-~

~

‘~~-.c

f~

(77.

RoIl#:

_______

Comments:

Photo#:

.-Z2

Direction: ________

)AI1r7T’2k

/~-~‘~4

~

---

DATE:

SITE:

SITE CODE:

PHOTOGRAPHS

/~

-~Y~

hi

Roll #: _______

Comments:

Roll #: ~

~‘çz~

Comments:

“

~k.••

~

~A

_____

?~

1

•~

—~ —~r

=

-

—----—--..--—

________

I

-~

-____

~

-

~-:~

~

~

~

•

_~.;‘___

~

•~

~:

TIME:

/~22~—

/‘(,Lç~-

INSPECTOR: Ben Nwigwe

COUNTY: Cook/Chicago

Photo #: _________

Direction:

S

tAJULY

~

—4,

,11~z~_~

~

/

Photo #:

(-/~

Direction: ________

---

PHOTOGRAPHS

TIME:

~If

~u

INSPECTOR: Ben Nwigwe

SITE CODE: ______________________________

COUNTY: Cook/Chicago

RoIl#:

______

Comments:

RolI#: _______

Photo#:

(~

Direction: _______

Comments:

/

-

(~4~-~

c~—~-~

4~

,/~I- ~

~

~(

DATE:

SITE:

Photo #:

f7

Direction:

L~

~

~

~ ~

~

/~VZ~’\i/

(/~r~

~

~1~

——

?_

—

—

—~

J~

_4

—

- -~ .

..

—

. ~

:

--

-

—.,--

_~•~‘~.‘

.:~.

I,

---

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

(TrY)

http://www.cityofchicago.org

REC~

CLERK’5

OFFICE

SEP

0 5 2003

STATE OF ILLINOIS

Pollution Control Board

City of Chicago Department of Environment v. Marvin J.

CDOE No. 03-01-AC

Dear Clerk Gunn:

Enclosed forfiling with the Illinois Pollution Control Board, please

find the original and nine true copies ofan Administrative Citation

issued to the above-referenced Respondent, with a Notice ofFiling.

On this date, the City ofChicago Department ofEnvironment, 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 contavt me at (312) 744-

3172.

Department of

Environment

City ofChicago

Richard M. Daley, Mayor

September 3, 2003

The Honorable Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Re:

Wilson

Commissioner

Chicago Department ofEnvironment

Chicago

End.