City of Chicago
Richard M. Daley, Mayor
Department of Environment
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
RE CE ~
CLERK’S OFFICE
APR 232004
STATE OF ILLINOIS
Pollutjo,-~Controj Board
Dear Clerk Gunn:
Please be advised that the City ofChicago Department of
Environment (“CDOE”) served tJ~e~espondent’s President and
Agent, Kenneth Harris, on
______________.
In order to avoid
default, a Petition for review must be filed with, the Illinois
Pollution Control Board on or before
______________,
35
days
from the date of service.
A copy ofthe Proofof Service is attached hereto.
Sincerely,
~(
~.
Potthoff
Assistant Commissioner
CDOE Permitting and Enforcement Division
Attachment
April 23, 2004
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 ofChicago Department ofEnvironment v.
K. Harris Trucking & Excavating Company
AC: o’/-7O
CDOE No. 04-05-AC
Site Code: 0316235141
Chicago
Department of
En vi ron ment
/~—\
4.
0
PROOF OF SERVICE
Wo / tJ.
IN
RE:,ç~c~vd6Tfl
A~rn~
~
I
~
~/Ia~
~/.
p~J~,jj~-,
4~
de~O
DOE_______________
1/
OVN
NUMBER
Notice of
Violation
and other required pleadings, as required
by law, were
served
on
the
above
captioned
individual
or
entity
by
the means indicated
below.
U
By
PERSONALSER VICE
upon
the individual/entity
or
their
employee or agent.
o
Refused to sign for receipt of service.
___________
________
•
SERVERSINmALS
Date
NAME
OF PERSON SERVED
PosmoN/CAPACITY
(I.E., AGENT)
,,4’Personal service ofhearing
notice.
__________
~/~Z
SERVERS INTrIALS
Date
S1GNA~E/ AME OF PERSON SERVED
POSITION/CAPACiTY
(I.E., AGENT)
0
By
FIRST CLASS
U.S. MAIL,
postage prepaid, to the last known address ofrecord ofthe
individual/entity
or
their registered agent
on
this
_____
day
of______________
MAILING
ADDRESS
0
By
CERTIFIED MAIL
(return receipt requested)
to
the
last
known address
of record ofthe
individual/entity ortheir registered agent.
RECEIPT
NUMBER
DATE
1
By
EXPRESS
OR
0
VER(YIGHT CARRIER
to
the last known address
of record ~f
the individual/entity
or
their registered agent.
CARRIER
TRACKING
CODE
DATE
CERTIFICATION
I,
~
~
e~-ij~g
hereby certify under threat ofpenalty provided pursuant to
735
ILCS
5/1-109, that the Ordinance Violation Notice and other required documents were
served on the above named individual/entity or their agent in the manner indicated.
/?
£4.~.t1..r-
‘
S1G~TUREOFSERVER
DEPARTMENT
DATE
City ofChicago
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 (TI’Y)
http://www.cityofchicago.org
ApriI~ 2004
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 ofChicago Department ofEnvironment v.
K. Harris Trucking and Excavating Company
CDOE No. 04-05-AC
Site Code:
0316235141
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 delivery, this Administrative Citation
upon the Respondent. As soon as I receive the
affidavit ofservice, I
will promptly file a copy with you, forthe purpose ofentering 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-
3172.
End.
Assistant Commissioner
Chicago Department of Environment
Department of
En vi ron ment
APR 23
2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
POIIUtjQfl
STATE
OFCofl~o1B~~d
ii
L~p
CITY OF CHICAGO
DEPARTMENT
)
OF ENVIRONMENT,
)
)
Complainant,
)
•
)
SITECODE: 0316235141
v.
)
AC GL/_7O
)
(CDOE No.
04-05-AC)
K. HARRIS TRUCKING AND
)
EXCAVATING COMPANY
)
)
)
Respondent.
•
)
NOTICE OF FILING
To:
Kenneth Harris
PLEASE TAKE NOTICE that o~/1~T)f
ZZjQtfwe caused the attached Administrative
Citation to be filed with the Clerk of
the Illi~noisPolluthbn Control Board.
CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
By:~
JohniI~J.Potthoff
(J
Assistant Commissioner
Permitting and Enforcement
Division
CLEAK’gE
C
~.
OFFj~
ii
‘~‘~
D
APR
23 2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PoIIuttoji
bTATE
OF
Co~
ILUNOIS
CITY OF CHICAGO DEPARTMENT
.
)
~uoarc;
OF ENVIRONMENT,
)
)
Complainant,
)
• )
SITECODE:0316235141
•
• •, ••
v.
)
AC
~Lf~-7~
)
(CDOE No.
04-05-AC)
K.
HARRIS
TRUCKING
AND
)
EXCAVATING COMPANY
)
)
)
Respondent.
)
ADMINISTRATIVE CITATION
Violation:
Civil Penalty:
415 ILCS 5/2l(p)(l)
$1,500.00
415 ILCS 5/2l(p)(’7)
$1,500.00
TOTAL:
$3,000.00
Facts
For
this Administrative Citation
to K. Harris Trucking and Excavating Company
(“K.H.T.E.”),
the
City of Chicago Department ofEnvironment (“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, HARRIS is the president and registered
agent ofK. Harris Trucking
and
Excavating Company. Harris’ address is 731 North Latrobe, Chicago,
Illinois.
3.
On February 24, 2004, CDOE inspector Lafayette
Robertson inspected a vacant lot at 329
North Pulaski Road, Chicago Illinois.
.
A copy of
his
inspection report is
attached as Exhibit 1
and made a
part
ofthis
Administrative Citation.
4.
Based upon direct observations made by Mr. Robertson during the course ofhis
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 ofSection 21(p)(1) ofthe Act, 415 ILCS
5/21Q,)(l)
(2004).
•
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 ofSection 2l(p)(7) ofthe Act, 415 ILCS
5/2l(p)(7)
(2004)
5
Mr Robertson’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)
(2004), Respondent is subject to a civil
penalty ofOne Thousand Five Hundred
Dollars
($1,500.00)
for each of the two violations identified above, for a total civil penalty of
Three Thousand Dollars ($3000.00).
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 ofChicago, 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 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
ofservice ofthis 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 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/slr/boardproceduralandadministrativerules~asp
7.
Ifyou do not contestthis Administrative Citation by filing a petition forreview
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
3 1.1(d) ofthe Act, 415 ILCS 5/31.1(d) (2004),
and 35
Ill. Adm. Code 108.500(a).
8
If you contest
this Administrative Citationby 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. 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.
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 ofLaw may initiate court proceedings against you to collect the amount due, plus
any
interest accrued. In that event you
may also be liable forcourt costs.
CITY OF CHICAGO
DEPARTMENT OF ENVIRONPV~NT
By:
___________
N. Marcia Jim
z
Commissioner
Date:
BEFORE THE ILLINOIS POLLUTION CONTROL
CITY OF CHICAGO
DEPARTMENT
)
APR 232004
OF
ENVIRONMENT
)
Complainant,
)
•
d
)
•
SITE CODE: 0316235141
v.
)
AC~t—7O
)
(CDOE No. 04-05-AC)
K. HARRIS TRUCKiNG AND
)
EXCAVATING COMPANY
)
)
)
Respondent.
)
AFFADAVIT
State ofIllinois
)
)
County of Cook
)
Affiant, Lafayette Robertson, being duly sworn, voluntarily deposes and states as
follows:
1.
At all times relevant to the above-captioned Administrative Citation, the City of
Chicago Department of Environment employed Affiant as an inspector.
2.
On February 24, 2004 between 10:00 a.m. and 10:45 a.m., Affiant conducted an
inspection of the property at 329 North Pulaski
Road, Chicago, Illinois.
3.
Affiant conducted an onsite inspection, which included walking around the
property and photographing the site. After the inspection, Affiant spoke with Kenneth Harris
about his findings.
4.
In connection with this inspection and
subsequent conversation, Affiant
completed the Inspection
Report appended to
and made part of the above-captioned
Administrative Citation, which is an accurate
record ofAffiant’s observations and factual
conclusions with respect to this site.
Lafa~t~Robertson
Sub~/ibedand sworn
before me
This
2.I~t
day of
t1p~u).
,2004.
Notary Public
~INoTAPYPUBucSTATEOFILUNO1S~
BEFORE THE ILLINOIS POLLUTION CONTROL BOA1~
Lt~N~’S
‘~
OFFjç~
CITY OF CHICAGO DEPARTMENT
)
,
APR
23 2004
OF ENVIRONMENT,
)
STATE
OF ILLINOIS
~~~-~0i1 Control Board
Complainant,
)
)
SITE CODE: 0316235141
V.
)
AC
O~—7D
)
(CDOE No. 04-05-AC)
K. HARRIS TRUCKING AND
)
EXCAVATING COMPANY
)
)
)
Respondent.
)
REMITTANCE FORM
FACILITY/PROPERTY:
SITE CODE:
0316235141
COUNTY: Cook
CIVIL PENALTY:
$3000.00
DATE OF INSPECTION: 02/24/2004
DATE REMITTED:_________
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
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 ofEnvironment
Permitting and Enforcement Division
30 North LaSalle Street
Suite 2500
•
Chicago, IL 60602
ILLINOIS ENVIRONMENTAL PROTECTION AGENC~AR
1~8
2004
Open Dump Inspection Checklist
LPC#:
0316235141
________
Region:
2
329 N. PULASKI
RD..f
Vacant Lot
County:
COOK, CHICAGO
LocationlSite Name:
Date:
02-24-04
Inspector(s):
L. ROBERTSON
No. of Photos Taken: #
8
Interviewed:
—
Kenneth F. Harris
Responsible Party
Mailing Address(es) and
Phone Number(s):
Time:
From
Est. Amt. of Waste:
To
10:00a.m..
10:45a.m.
• • •
Weather:
Complaint80
yds3
#:
Operator: Kenneth F. Harris k. H. T.
I
Kenneth Harris Trucking
731 N.
Latrobe
Chicago, IL. 60617
773-908-5770
Previous Inspection Date:
10-9-03
~1~RR.IE~
~
~
Clear ,Sunny, Cold
.
•
0
Samples Taken:
Yes#
No
X
SECTION
(
DESCRIPTION
I
VIOL.
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
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:
(I)
WithoutaPermit
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 OPEN DUMPING OF ANY WASTE IN A MANNERWHICH RESULTS
IN ANY OF THE FOLLOWING OCCUR1~ENCESAT 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
R~sed
5128197
(Open Dump - 1)
LPC#:01362351
41~
Inspection
Date:02-24-04
(6)
Standing or Flowing Liquid Discharge from the Dump Site
I
9.
55(a)
NO PERSON
SHALL:
(I)
Cause or Allow Open Dumping of Any Used or WasteTire
X
(2)
Cause or Allow Open_Burning ofAny Used or Waste Tire
0
35
ILLINOIS
ADMINISTRATIVE
CODE
REQULREMENTS
SUBTITLE G
,
‘~
‘0 •
:
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A
PERMIT
TO DEVELOP AND
OPERATE
A LANDFILL
.
11.
722.111
HAZARDOUSWASTE DETERMINATION
“
•
12.
808.121
SPECIAL WASTE DETERMINATION
0
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE HAULER WITHOUT A
WASTE HAULING PERMIT AND/OR MANIFEST
‘ •‘
•
0’
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
( )
PCB;
( )
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
0
15.
OTHER:
2 1(P) (7) DEPOSITION OF GENERAL CONSTRUCTION OR DEMOLITION
DEBRIS;OR CLEAN CONSTRUCTION OR DEMOLITION DEBRIS.
X
1
Signature
of Inspector(s)
.~,
•
•
0
Informational Notes
1.
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 should not be construed as legal conclusions of
..
;.
00
the Agency or as limiting the Agency’s statutory or regulatory powers. Requirements of some statutes and regulations cited are in
•
0 0
summary format. Full text of requirements can be found in references listed in I. and 2. above.
•
,
0
4.
The provisions of subsection (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 accordancewith Sections 4(c) and 4(d) of the Illinois Environmental Protection Act: 415 LLCS
0
0
5/4(c)
and (d).
.
. .
•
‘•~
0
6.
Items markedwith an “NE’ were not evaluated at the time of this inspection.
0
•
•0,
7.
Statutory effective date: through 1/8/97.
0
•
8.
Regulatory effective date: through 12/20/94.
Re~ed5/28f97
0
(Open Dump
-
2)
Date:02 -24-04
Site:329.Pulaski Av.
Site Code :0136235141
City of Chicago
00
Department of Environment
Narrative
Time:10:OOa.m.-10:45a.m.
Investigator: L. Robertson
County: Cook-Chicago
• 0
.0• .•.,
~‘‘~•,
0.
••
•‘•
0
In summary: Investigator conducted a site inspection due to complaints
from the Alderman of the 28th Ward and the Dept. of the Empowerment
Zoning
I observed open dumping of construction waste debris and junk
construction truck logo as K. H.T. Kenneth Harris Truck/ Ph#773-
908-5770
1.
.
.
•
I spoke with Kenneth Harris later that day, he stated he had his work
crews dump the waste construction debris of concrete, dirt, brick,
wood onto the above site address.
•
Kenneth Harris stated he could remove and property dispose of the
construction waste debris.
•
I issue a N.O.V.# 7-28-440 and 11-4-1500. The hearing date is
pending for
05-06-04.
See the attached.
L
~\
r
y1t~
(
L
It1
‘
r
I6~’.~tt
C~etrde
31d ~
Iurc~Lrc1 ~ ~
~
~
~ IL’~~~n
tf~~s
map. ~
Lpc #0136235141
329 N.
FULASKI RD.
02-24-04
STATE APPARENT VIOLATIONS
0
, ,
0
•.
2 1(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.
55(A)(1) NO PERSON SHALL: CAUSE OR ALLOW OPEN DUMPING OF USED
OR WASTE
TIRES.
21(P)(7) DEPOSITION OF GENERAL CONSTRUCTION OR DEMOLITION
DEBRIS; OR CLEAN CONSTRUCTION OR DEMOLITION DEBRIS.
e2-24-04
~136235141
329 N. Pulaski Rd.
City ofChicago
Municipal Code Violations
11-4-1500 DISPOSAL OF SOLID WASTE.
7-28-440 DUMPING ONTO REAL ESTATE WITH OUT A PERMIT
L
•0
•
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•
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..
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•
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SITE SKETCH
CITY OF CHICAGO
DEPARTMENT OF
ENVIRONMENT
FIELD OPERATIONS DIVISION
DATE:
0
TIME:
/~‘~
SITE
ADDRESS:
3
~
LI.
i~~e~a~i~
SITECODE:
O3f~,~3’~J79J
INVESTIGATOR
Lafayette
Phil
Robertson
0
COUNTY:
COOK
COUNTYICHICAGO
Image No
Avai1ab1e~
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ILLINOIS ENVIRONMENTAL PROTECTION AGENC~AR
1
~82004
Open Dump Inspection Checklist
County:
COOK, CHICAGO
LPC#:
0316235141
Region:
2
LocationlSite Name:
329 N. PULASKI RD..! Vacant Lot
Date:
02-24-04
Time:
From
To
Previous Inspection Date:
10-9-03
10:00a.m..
10:45a.m.
~
O~LF ~:(‘~ff
Inspector(s):
L. ROBERTSON
.
‘
Weather:
Clear ,Sunny, Cold
No. ofPhotos Taken:’ #
8
Est. Amt. of Waste:
80
yds3
Samples Taken:
Yes#
No
X
Interviewed:
Kenneth F. Harris
Complaint #:
Responsible Party
Operator: Kenneth F. Harris k. H. T.
Mailing Address(es) and
Kenneth
Harris
Trucking
Phone Number(s):
731
N. Latrobe
Chicago, IL. 60617
773-908-5770
0
I
SECTION
DESCRIPTION
_VIOL.
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
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
0
0
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 Adoptedby 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 OPEN DUMPING OF 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
(Open Dump — 1)
LPC#:0 1362351411
Inspection Date:02-24-04
(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
X
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS’
0
,
,
SUBTITLE G
,0
10.
812.101(a)
FAILURE
TO SUBMIT AN APPLICATION FOR
A PERMIT
TO DEVELOP AND
OPERATE A LANDFILL
11.
722.111
HAZARDOUSWASTE DETERMINATION
0
,
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
OTHER REQUIREMENTS
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
~f
Signature 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 convenienceonly and should not be 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 1. and 2. above.
4.
The provisions of subsection (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) ofthe Illinois Environmental Protection Act: 415 ILCS
5/4(c)
and (d).
6.
Items
marked with an “NE” were not evaluated at the time of this inspection.
7.
Statutory effective date: through 1/8/97.
8.
Regulatory effective date: through 12/20/94.
Re~1sed5/28/97
(Open Dump - 2)
City of Chicago
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MFIPIP ~
Department of Environment
Narrative
Date:02 -24-04
Time:1 0 :OOa.m.-1 0:45a.m.
Site:329 Pulaski Av.
Investigator: L. Robertson
Site Code :0136235141
County: Cook-Chicago
In summary: Investigator conducted a site inspection due to complaints
from the Alderman of the 28th Ward and the Dept. of the Empowerment
Zoning
•
I observed open dumping of construction waste debris and junk
construction truck logo as K. H.T. Kenneth Harris Truck! Ph#773-
908-5770.
0
•
I spoke
with Kenneth Harris
later
that day
,
he stated he had his work
crews dump the waste construction debris of concrete, dirt, brick,
wood onto the above site address.
Kenneth Harris stated he could remove and property dispose of the
construction waste debris.
•
Tissue a N.O.V.# 7-28-440 and 11-4-1500. The hearing date is
pending for 05 -06-04.
See the attached.
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Lpc #013 6235141
329 N.
PULASKI RD.
02-24-04
STATE APPARENT VIOLATIONS
2 1(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.
55(A)(1) NO PERSON SHALL: CAUSE OR ALLOW OPEN DUMPING OF USED
OR WASTE TIRES.
21(P)(7) DEPOSITION OF GENERAL CONSTRUCTION OR DEMOLITION
DEBRIS; OR CLEAN CONSTRUCTION OR DEMOLITION DEBRIS.
02-24-04
0136235141
329 N. Pulaski Rd.
City
of Chicago
Municipal Code Violations
11-4-1500 DISPOSAL OF SOLID WASTE.
7-28-440 DUMPING ONTO REAL ESTATE WITH OUT A PERMIT
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