September
18, 2003
City of Chicago
Richard M. Daley, Mayor
Department ofEnvironment
N.
Marcia Jiménez
Commissioner
Twenty-fifthFloor
30 North LaSalle Street
Chicago, Illinois 60602-2575
(312) 744-7606
(Voice)
(312) 744-6451
(FAX)
(312) 744-3586 (1TY)
http://www.cityofchicago.org
The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control
Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, L
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 of Chicago Department ofEnvironment, through
its agent, will
serve, via hand
deli
very, this Administrative Citation
upon the Respondent.
As
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 orelects not to
file a petition
forreview contesting the Administrative Citation.
If you have any questions orconcerns, please contact me at (312) 744-
3172.
Sincerely,
n
.
Potthoff
Assistant Commissioner
Chicago Department of Environne.nt
End.
Chicago
Department of
Environment
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CiTY OF CHICAGO DEPARTMENT
)
OF ENVIRONMENT,
)
)
Complainant,
)
v.
)
AC________
)
(CDOE No. 03-02-AC)
EDDIE GREER
)
)
)
Respondent.
)
NOTICE OF FILING
To:
Eddie Greer
N~(~
79
PLEASE TAKE NOTICE that oaii9~
we caused the attached Administrative
Citation to be filed with the Clerk of the Illikiois Pollution Control Board.
CITY
OF CHICAGO
DEPARTMENT OF ENVIRONMENT
Assistant Commissioner
Permitting and Enforcement Division
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
CITY
OF CHICAGO
DEPARTMENT
)
OF ENVIRONMENT,
)
)
Complainant,
)
v.
)
AC
c~/f2
• )
(CDOE
No. 03-02-AC)
EDDIE GREER
)
• )~
)
Respondent.
)
ADMINISTRATIVE
CITATION
Violation:
Civil Penalty:
415
ILCS
512l(p)(l)
$1,500.00
415 ILCS 5/2l~p)(7)
$1,500.00
TOTAL:
$3,000.00
Facts
For this
Administrative
Citation to Eddie Greer, 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 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,
CDOEinspector 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 of her
inspection, CDOE has determinedthat 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 LCS
5/21(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
512l(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) ofthe Act, 415 ILCS
5142(b)(4-5)
(2003), Respondent is subject to a civil penalty of One Thousand Five Hundred
Dollars ($1,500.00) for each ofthe 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 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
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, 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 LCS
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 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.
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.
Hearingcosts
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:
..
DEPARTMENT OF ENVIRONMENT
By:
________
Commissioner
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
CITY
OF CHICAGO DEPARTMENT
)
OF
ENVIRONMENT,
)
)
Complainant,
)
v.
)
ACOL/(3
)
(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:
1.
At all times relevant to the above-captioned Administrative Citation, Affiant was
employed as an
inspector by the City ofChicago Department of Environment.
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.
4.
In connection with this
inspection, Affiant completed the Inspection Report
appended to and
ade part ofthe above-captioned Administrative Citation, which is an accurate
and factual conclusions with respect to this site.
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 FORIj
FACILITY/PROPERTY:
609 W 51st St.
SITE CODE:
0316675092
COUNTY:
COOK
CWIL PENALTY:
$3000.00
DATE OF INSPECTION:
08/14/2003
DATE REMITTED:________
Signature:
_______________________
FEIN/SSN:
__________________
Print Name:
______________________
Title:
____________________
Instructions
Enter the date of yourremittance, yourFederal 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 ofEnvironment
Permitting and Enforcement Division
30 North LaSalle Street
Suite
2500
Chicago, 1L 60602
•
.•
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
2
B
2tJO3
Open Dump Inspection Checklist
RUfl2R
~
~C:~
County:
COOK, CHICAGO
L.C.#:
0316675092
Region:
2
—
-
Location/Site Name:
601-09
w~
59~”
Street.
•
.
.
—
Irr~
Date:
8-14-03
Time:
From
9:00am
To
10:00am.
Previous Inspection Date:
5Y~i~&u&L.
~
1’(U J
Inspector(s):
L.
Kelly
CDOE
.
Weather:
CLEAR/Sunny
No. of Photos Taken:
#
4
Est.
Amt. ofWaste:
46,000
yds3
SamplesTaken:
Yes#
No
X
Interviewed:
owner notpresent at time of inspection
Complaint #:
Responsible Party
(OWNER) Eddie Greer.
(Agent)
Mailing Address(es) and
9926
South
Peoria
Phone Number(s):
Chicago, Il 60643
Phone No.
SECTION
J
DESCRIP HON
I
VIOL.
I
I
l1~LINOLS
~
~
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR
POLLUTION IN
ILLINOIS
2.
~(c)
CAUSE OR ALLOW OPEN BURNING
3.
12(a)
CAUSE, THREATEN
OR ALLOW WATER POLLUTION IN
ILLIN~OIS
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~PENDUMPINGOF ANY WASTE IN A MANNER WHICH
RESULTS IN ANY OF
THE
FOLLOWING OCCURRENCES AT THE DUMP SITE:
(1)
Litter
x
(2)
Scavenging
(3)
Open Burning
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
Ro~.d5f28197
(Open
Dump
-
1)
• L.Po~o~1
6675092
Lpspection~Date:08-14-03
(6)
Standing or Flowing Liquid Discharge from the Dump Site
I
9.
55(a~
(I)
NO PERSON SHALL:
Cause or Allow Open Dumpingof Any Used or Waste Tire
(2)
Cause orAllow Open BurningofAny Used or WasteTire
10.
812.101(a)
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 OF SPECIAL WASTE
FROM A WASTE HAULER WITHOUT A
WASTE HAULING PERMIT AND/OR MANIFEST
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
,
~~‘~ure
of Inspector(s)
Informational Notes
1.
Illinois
Environmental Protection Act: 415 ILCS
5/4.
2.
Illinois Pollution Control Board:
35 Ill.
Adm. Code, Subtitle G.
3.
Statutory and regulatory references herein are provided for convenience only and 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 can be found in references listed in I. and 2. ahnve.
4.
The provisions of subsection (p) of Section
21
of the Illinois
Environmental Protection Act shallbe enforceable either by
administrative citation under Section 31.1 of the Act or by complaint under Section
31 ofthe Act.
5.
This inspection was conducted in accordance with Sections 4(c) and 4(d) ofthe Illinois
Environmental-Protection-Act: 415 ILCS
5/4(c)
and (d).
6.
Items markedwith an “NE” were notevaluated at the time of this inspection.
7.
Statutory effective date:
through
1/8/97.
8.
Regulatory effective date: through
12/20/94.
Ro~b~d
5l2~I97
(Open Dump
-
2)
L.
P.C.#0316675092
601-09 West
S9~
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
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 OR DEMOLITION DEBRIS.
55(a)(1)
NOPERSON SHALL: CAUSE ORALLOW
TIlE
OPEN DUMPING OF
ANY USED OR WASTE
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
junkyardby 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 ableto 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
for this
address.
-
SITE SKETCH
CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
-
FIELD OPERATIONS DIVISION
I
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SITE CODE:
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INSPECTOR:____________
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