September 18, 2003

City of Chicago

Richard M. Daley, Mayor

Department ofEnvironment

N.

Marcia Jiménez

Commissioner

Twenty-fifth Floor

30 NorthLaSalle Street

Chicago, Illinois 60602-2575

(312) 744-7606 (Voice)

(312) 744-6451

(FAX)

(312) 744-3586

(TTY)

http://www.cityofchicago.org

Chicago

Department

of

Environment

The Honorable Dorothy Gunn, Clerk

Illinois

Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Re:

City of Chicago Department ofEnvironment v. Eddie Greer

CDOE No.

03-02--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 ofChicago Department of Environment, through

its

agent, will serve, via hand

deii very,

this Administrative Citation

upon the Respondent.

A~

soon as I receive the affidavit of service, I

will promptly file a copy with you, for the purpose of entering

a default

judgement in the event Respondent fails or elects not to file a petition

for review contesting the Administrative Citation.

If you have any questions or concerns, please contact me at (312) 744-

3 172.

End.

Sincerely,

Assistant Commissioner

Chicago Department of

---

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CLERK’S

OFFICE

SEP

2

2

2003

BEFORE

THE ILLINOIS POLLUTION CONTROL

BOARIk~TATE

OF ILLINOIS

Pollution

Control i3oard

CITY OF CHICAGO DEPARTMENT

)

OF ENVIRONNENT,

)

)

Complainant,

)

v.

)

AC________

)

(CDOE No. 03-02-AC)

EDDIE GREER

)

)

)

Respondent.

)

NOTICE OF FILING

To:

Eddie Greer

P~ASETAKE NOTICE that ~

~

we caused the attached Administrative

Citation to be filed with the Clerk of the iiiiAiois Pollution Control Board.

CITY OF CHICAGO

DEPARTMENT OF ENVIRONMENT

Assistant Commissioner

Permitting and Enforcement Division

---

RRSo~pi~c

BEFORE

THE

ILLINOIS POLLUTION CONTROL BOARDSEP

22

2003

S~A~’E

OF

IL~

CITY

OF CHICAGO DEPARTMENT

)

~~~i~tiOfl

Cont

OF ENVIRONMENT,

ro!

Board

)

Complainant,

)

v.

)

AC__________

)

(CDOENo. 03-02-AC)

EDDIE GREER

)

).

)•

Respondent.

)

ADMINTSTRATIVE

CITATION

Violation:

Civil Penalty:

415

ILCS

S/2l(p)(l)

$1,500.00

415 ILCS

512l(p)(7)

TOTAL:

Facts

For

this Administrative

Citation to Eddie

Greer, the City ofChicago

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 ill.

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 of this

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 ofwaste 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 open dumping ofwaste 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.

Ms. Kelly’s affidavit, attesting to her 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) 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 ChicagoDepartment of Environment

Permitting and Enforcement Division

30 North LaS alle 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 ofFiling, 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 for Review must be served on

CDOE, at the following address:

City of Chicago Department ofEnvironment

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 of the 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/procedurallprocedural.htrn

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 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 35111.

Adm. Code Parts

101

and 108.

9.

Ifthe 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 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:

7/

/

DEPARTMENT OF ENVIRONMENT

By:

_____

N.

arciaJi

‘

ez

Commissioner

---

BEFORE

THE

ILLINOIS POLLUTION CONTROL BOiF~

OFFICE

CiTY OF CHICAGO DEPARTMENT

OF ENVIRONMENT,

Complainant,

Respondent.

)

)

)

)

AC________

)

(CDOENo. 03-02-AC)

)

)

)

)

SEP

22

2003

SIArE OF ILLINOIS

Pollution

Control Board

State ofillinois

County of Cook

)

)

)

ss.:

AFFADAVIT

Affiant, Linda Kelly, 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 August

14, 2003 between 9:00 a.m. and 10:00 a.m., Affiant conducted an

inspection of the property at 609 West 59th Street, Chicago, illinois by the City of Chicago

Department of Environment.

3.

Affiant conducted an onsite inspection, which included walking around the

property and photographing the site.

In connection with this inspection, Affiant completed the Inspection Report

part

of the above-captioned Administrative Citation, which is an accurate

iations

and factual conclusions with respect to this site.

Subscribed and sworq before me

This

)S’~

day of

~

,

2003.

KA~Jt~c~S~1

NOTARY PUBLIC

STATE

OF

ILLINOIS

J

~

V.

EDDIE GREER

4.

appended to

Notary Public

---

KE

CLERK’S

OFFICE

~°

227003

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD~JLI

STATE

OF ILLINOIS

CITY OF CHICAGO DEPARTMENT

)

pollution Control Board

OF ENVIRONMENT,

)

)

Complainant,

)

v.

)

AC

O~/3

)

(CDOE No. 03-02-AC)

EDDIE GREER

)

)

)

Respondent.

)

REMITTANCE FORIy~

FACILiTY/PROPERTY:

609 W

51st

St.

SITE

CODE:

0316675092

COUNTY:

COOK

CIVIL PENALTY:

$3000.00

DATE OF ll~SPECTION:

08/14/2003

DATE

REMfl1IED:________

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 RemittanceForm to:

City of Chicago Department ofEnvironment

Permitting

and

Enforcement Division

30 North LaSalle Street

Suite 2500

Chicago, IL 60602

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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

28

~u~j~’

°

Open Dump Inspection

Checklist

County:

COOK, CHICAGO

Location/SiteName:

Date:

8-14-03

L.C.#:

0316675092

601-09 W. 59” Street.

Time:

From

9:00am

To

10:00am.

Weather:

Inspector(s):

L.

Kelly

CDOE

No. of Photos Taken:

#

4

Est. Aint. of Waste:

46,000

Interviewed:

owner notpresent at time of inspection

Region:

2

AUG2B ~l3

RC:

Previous Inspection Date:

51Jif~Ji’

RC.V

CLEAR/Sunny

yds3

SamplesTaken:

Yes#

Complaint #:

No

X

Responsible

Party

Mailing Address(es) and

Phone Number(s):

I.

—r

1.

9(a)

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

X

6.

21(d)

CONDUCT ANY WASTE-STORAGE,WASTE-TREATMENT, OR WASTE- DISPOSAL

OPERATION:

(1)

Without a Permit

X

(2)

In Violation of Any Regulations or Standards Adopted by the Board

X

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

X

•

8.

21(p)

CAUSE OR ALLOW THE

O~PENDUMPING OF ANY WASTE IN A MANNERWHICH

RESULTS

IN

ANY OF THE FOLLOWING OCCURRENCES AT THE DUMPSITE:

(1)

Litter

X

(2)

Scavenging

(3)

Open Burning

(4)

Deposition ofWaste in Standing or Flowing Waters

(5)

Proliferation of Disease Vectors

(Open Dump

-

1)

(OWNER) Eddie Greer.

9926

South Peoria

Chicago, 1160643

Phone No.

(Agent)

Ra~l~Od

5128/97

---

LP~0~1

6675092

iicspection~

Date: 08-14-03

(6)

Standing or Flowing Liquid Discharge from the Dump Site

I

9.

55(a)

NO PERSON SHALL:

(1)

10.

(2)

812.101(a)

Cause or Allow Open Dumping ofAny Used or WasteTire

Cause or Allow Open

fAny Used or WasteTire

FAILURE

TO SUBMIT AN APPLICATION

FOR A PERMIT TO DEVELOP AND

OPERATE A LANDFILL

11.

722.111

HAZARDOUS WASTE DETERMINATION

12.

808.121

SPECIAL WASTE DETERMINATION

13.

809.302(a)

ACCEPTANCE OFSPECIAL WASTE FROM A WASTE HAULER WITHOUT A

WASTE

HAULINGPERMIT AND/OR MANIFEST

:~

~

APPARENT VIOLATION OF:

(

)

P01;

(

)

CIRCUIT COURT

CASE NUMBER:

ORDER ENTERED ON:

15.

OTHER:

21(P) (7) DEPOSITION OFGENERAL CONSTRUCTION OR DEMOLITION

DEBRIS; OR CLEAN CONSTRUCTION

OR DEMOLITION DEBRIS.

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4~J~J

Si~atureof Inspector(s)

InformationalNotes

1.

Illinois

Environmental Protection Act: 415 ILCS 5/4.

2.

Illinois Pollution Control Board:

35

III. Adm.

Code, Subtitle G.

3.

Statutory and regulatory references herein are provided for convenienceonlyand should notbe construed as legal conclusions

of

the Agency or as limiting the Agency’s statutory or regulatory powers.

Requirements of some statutes and regulations cited are in

summary format.

Full

text of requirements canbe found in references listed in

1. and 2. above.

4.

The provisions ofsubsection

(p)of Section

21

of the Illinois

Environmental Protection Act shall be enforceable either by

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) of the Illinois

Environmental Protection Act:

415

ILCS

5/4(c)

and (d).

6.

Items marked with an “NE” were not evaluated at the timeof this inspection.

7.

Statutory effective date: through

1/8/97.

8.

Regulatory effective date:

through

12/20/94.

Ro/d8/d

5/29/97

(Open Dump

-

2)

---

L. P

.

C.#0316675092

601-09

West

59th

Street

08-14-03

STATE

APPARENT VIOLATIONS

21(a)

CAUSE ORALLOW OPEN DUMPING.

21(d)(1)

CONDUCT ANY WASTE-STORAGE

,

WASTE DISPOSAL OPERATION: WITHOUT A PERMIT

21(D)(2)

CONDUCT

ANY

WASTE

-

WASTE DISPOSAL

OPERATION:

21(E)

DISPOSE, TREAT, OR ABANDON ANY WASTE, OR TRANSPORT

ANY WASTE

INTO

THE

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

THE

DUMP SITE: LITTER.

21(P)(7)

DEPOSITION OF GENERAL CONSTRUCTION OR DEMOLITION

DEBRIS OR CLEAN CONSTRUCTION ORDEMOLITION DEBRIS.

55(a)(1)

NO PERSONSHALL: CAUSE ORALLOW

TIlE

OPEN DUMPING OF

ANY USED OR WASTE

THUL

812.101(a)

FAILURE TO SUBMIT

AN

APPLICATION FOR A PERMIT TO

DEVELOP AND OPERATE A LANDFILL

---

CITY OF CIITICAGO

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 of an 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 autojunkyard by the previous owner.

At the time ofinspection no

one was at the site.

The site was secured fencing, in the alley I observed fly

dumped waste in front ofgate 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 lotpacked to capacitywith junk

vehicles, waste auto parts, and heavy equipment.

I checked with the Department

ofRevenue and DOE files and found that rio permit or license is currently issued

for this address.

---

Not to Scale

All

Boundaries are Approximate

I

t

SITE SKETCH

r

)

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CITY OF CHICAGO

DEPARTMENT OF ENVIRONMENT

FIELD OPERATIONS DIVISION

C)’

lb

---

DATE:

SITE

CODE:

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DEPARTMENT

OF ENVIRONMENT

PHOTOGRAPHS

TIME:

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________

Dfre~on:

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COUNTY: CookJC?~icago

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Comments:______

Photo #:

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Direction:

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____________

---

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SITE CODE:

CITY

OF CHICAGO

DEPARTMENT

PHOTOGRAPHS

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Roll #:

11

Photo

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Direction:

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Comments:

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