April
23, 2004
City ofChicago
Richard
M. Daley, Mayor
Department ofEnvironment
N.
Marcia Jiménez
Commissioner
Twenty-fifth Floor
30 North LaSalleStreet
Chicago, Illinois 60602-2575
(312) 744-7606 (Voice)
(312)744-6451 (FAX)
(312) 744-3586
(TTY)
http://www.cityofchicago.org
CLE~ç’~
OFFICE
APR
23
2U04
STATE
OF
IUJ~’JOIS
PoIlutlo~
Control
L~o~.rd
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 of Environment v.
K. Harris Trucking & Excavating Company
CDOE No. 04-66-AC
Site Code:
0316255217
Dear Clerk Gunn:
Please be advised that the City of Chicago Department of
Environment (“CDOE”) served t1~eR~spondent’s
President
and
Agent, Kenneth Harris, on
______________
hi order to avoid
default, a Petition for review nr(ist be filed1witl1 the Illinois
Pollution Control Board on or before
_______________,
35
days
from the date of service.
I’
A copy ofthe Proofof Service is attached hereto.
Sincerely,
Johnna J. Potthoff
Assistant Commissioner
CDOE Permitting and Enforcement Division
Attachment
Department of
Environment
-
PROOF OF SERVICE
WD /
~e74Z~y
7~
-.
IN RE;
,/
7•
_____________
OVN
NUMBER
Notice ofViolation
and
other
required
plea&ngs, as
required
by law,
were
served
on
the
above captioned
mthvidual or entity
by
the means mdicated
below
0
By
PERSONAL
SEIWIcE
upon
the
mthvidual/entity
or
their
employee or agent
0
Refusedto sign
for receipt of
service.
___________
________
SERVERS INmALS
Date
/1’~4/deri~
*Ae,
~
________________________
NAME
OF
PERSON SERVED
POSITION/CAPACITY
(I E
,
AGENT)
,~3”Persona1serviceof
hearing
notice.
__________
SERVERS tNmALS
Date
SERVED
POSITIONICAPACITY
(LE.,
AGENT)
O
By
FIRST CLASS U.S.
MAIL,
postage prepaid,
to
the last known
address
ofrecord of
the
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
or their
registered
agent.
RECEIPT
NUMBER
DATE
0
By
EXPRFSS
OR
OVER!~uIGHT
CARRIER
to
the last
known
address
of record of
the individual/entity
or
their
registered agent.
CARRIER
TRACKING
CODE
DATE
CERTIFICATION
I,
~
é~
1~?og~-
s~
,
do hereby certify under threat of penalty provided pursuant to
735 II~CS
5/1-109, that the Ordinance Violation Notice and other required documents were
..
~.
F
served on the above named individual/entity or their agent in the manner indicated.
,~
p
~
_________
S(GN~TURE
OF SERVER
DEPARTMENT
DATE
City
of Chicago
Richard
NI.
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
April
~2.,
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 of Chicago Department ofEnvironment v.
K. Harris Trucking
and
Excavating Company
CDOE No. 04-06-AC
Site Code:
0316255217
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 of Filing.
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 for review contesting the Administrative Citation.
Ifyou have any questions or concerns, please contact me at (312) 744-
3172.
Sincerely,
~
C
-
J~~Pofthoff
Assistant Commissioner
Chicago Department of Environment
End.
APR
23
2O~J4
STATE
~
Cofltro/~
Department
of
E n vi ron ment
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD~~
CITY OF CHICAGO DEPARTMENT
OF ENVIRONMENT,
Complainant,
K. HARRIS
TRUCKING AND
EXCAVATING COMPANY
V.
Respondent.
)
)
)
)
SITE CODE: 0316255217
AC~I-7/
)
(CDOE No. 04-06-AC)
)
)
)
)
)
To:
Kenneth Harris
NOTICE OF FILING
PLEASE TAKE NOTICE that on?~,2tit
2-7
tj1~we
caused the attached Administrative
Citationto be filed with the Clerk ofthe Illinois Polution
Control Board.
CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
J.
Potthoff
APR
23
2O~4
P~i~/~Er~
~
Assistant Commissioner
Permitting and Enforcement Division
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
CITY OF CHICAGO DEPARTMENT
)
OF
ENVIRONMENT,
)
~
‘S
)
.
~
Complainant,
)
~
‘~‘~
)
SITE
CODE: 031625521’~°/7
~
v.
)
AC
O ~
—7/
‘~‘O/
IS
)
(CDOE No. 04-06-AC)
K.HARRIS TRUCKING
AND
)
EXCAVATING COMPANY
)
)
)
Respondent.
)
ADMINISTRATIVE CITATION
Violation:
Civil Penalty:
415 ILCS
512l(p)(l)
$1,500.00
415 ILCS 5/21(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 ofChicago Department of Environment (“CDOE”) states as follows:
1.
Complainant, CDOE, is a unit oflocal goVermnent 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 of K. 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
4802 West Chicago Avenue, 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 of
his
inspection, CDOE has determined that Respondent violatedthe 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) ofthe Act,
415
ILCS 5/21(p)(1)
(2004).
b.
Respondent caused or‘allowed the open dumping ofwaste in a manner
resulting in deposition ofgeneral and/or clean construction or demolition debris, in
violation ofSection
21QD)(7) of the Act,
415
ILCS
5/21Q,)(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 ofthe
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 ofChicago 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 your payment.
3.
You may contest this Administrative
Citationby filing
a Petition for Review,
including a Notice ofFiling, Certificate ofService, 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 forReview 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/slrfboardproceduralandadministrativerulesasp
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
31.1(d) ofthe Act, 415 ILCS
5/31.1(d) (2004), 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 hearing that you committed a violation as alleged
above, you will be assessed thehearing 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 againstyou from the date
payment is due and including the date that payment is received.
11
Ifany civil penaltyand/or hearing costs are not paid withinthe time set by the
Board in its final order, the Office ofthe Illinois Attorney General and/orthe City ofChicago
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.
CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
By:
_________
N.
arcS
Jiméne~J
Commissioner
Date:
BEFORE
THE ILLINOIS POLLUTION CONTROL
BOARD
CITY OF CHICAGO DEPARTMENT
OF ENVIRONMENT,
V.
Complainant,
K.HARRIS TRUCKING AND
EXCAVATING COMPANY
Respondent.
)
)
CL
I
/
)
SITE CODE: 031625521~O//~tj0~
~‘
)
AC
0
1
/
L~O,1~.~01
~
)
(CDOE No. 04-06-AC)
)
)
)
)
)
State ofIllinois
County of Cook
)
)
)
ss.:
AFFADAVIT
follows:
Affiant, Lafayette Robertson, being duly sworn, voluntarily deposes and states as
1.
At all times relevantto the above-captioned Administrative
Citation, the City of
Chicago Department ofEnvironment employed Affiant as an inspector.
2.
On February 24,
2004 between 11:15 a.m. and 12:30
p.m., Affiant conducted an
inspection ofthe property at 4802 West Chicago Avenue, 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 connectionwith this inspection and subsequent conversation, Affiant
completedthe Inspection Report appended to and made part ofthe above-captioned
Administrative Citation, which is an accurate record ofAffiant’s observations and factual
conclusions with respectto this site.
K~4~i
,4~24-
Laf~.tteRobertson
Suljs’cribed and sworn before me
This
QJ6’(
day of Q..pi~UJt
,
2004.
Notary Public
OFFICIAL SEAL
KAREN A JACKSON
NOTARY PUBLIC STATE
OF ILUNO~
L~cOlnssIoNExJ~B62~5.
BEFORE
THE ILLINOIS POLLUTION CONTROL
BOAR~ç~
/~//çç~
~
CITY OF CHICAGO DEPARTMENT
)
~
76~
OF ENVIRONMENT,
)
~ 2 ~
C-’
)
Complainant,
)
‘L/Q17
)
SITE CODE: 0316255217
~“~‘
v.
)
AC
c~—7/
)
(CDOE No. 044)6-AC)
K. HARRJS TRUCKING AND
)
EXCAVATING COMPANY
)
)
)
Respondent.
)
REMITTANCE FORM
FACILITY/PROPERTY:
SITE CODE:
0316255217
COUNTY:
Cook
CIVIL PENALTY:
$3000.00
DATE OF INSPECTION:
02/24/2004
DATE REMITTED:
Signature:
_______________________
FEIN/SSN:
_________________
Print Name:
__________________________
Title:
________________________
Instructions
Enter the date ofyour 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 ofChicago Department ofEnvironment
Permitting and Enforcement Division
30 North LaSalle Street
Suite 2500
Chicago, IL 60602
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
MAR
1
8 ZOO~’
County:
COOK~,
CHICAGO
Location/SiteName:
Date:
02-24-04
Inspector(s):
L.ROBERTSON
No. of Photos Taken: #
5
Interviewed:
Kenneth F.
Harris
LPC#:
0316255217
4802 W. Chicago.! VacantLot
Time:
From
11:15a.m.
To
Est. Amt. ofWaste:
20
Responsible
Party
Kenneth F. Harris 1K. H.T.
I
operator
Mailing Address(es) and
731
N. Latrobe
Phone
Number(s):
Chicago, IL.
60644
773-908-5770
12:30p.m
Weather:
_______
yds3
Complaint #:
Region:
2
Previous Inspection Date:
First
Clear ,Sunny, Cold
Samples Taken:
Yes#
No
X
ti~
5
SECTION_
DESCRIPTION
f
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:
(1)
Without a Permit
x
(2)
In Violation of Any Regulations or Standards Adoptedby the B.oard
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:
(I)
Litter
X
(2)
Scavenging
(3)
Open Burning
(4)
Deposition ofWaste in Standing orFlowing Waters
(5)
Proliferation of Disease Vectors
(Open Dump
-
1)
Re~ad
5128/97
LPç#:o136255217
Inspection Date:02-24-04
(6)
Standing orFlowing Liquid Discharge from the Dump Site
I
9.
55(a)
NO
PERSON SHALL:
(1)
Cause
or Allow Open Dumping of Any
Used orWaste
Tire
(2)
Cause
or Allow Open Burning of Any Used or WasteTire
35 ILLINOIS
ADMINISTRATIVE
CODE
REQUIREMENTS
SUBTITLE G
10.
812.101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
11.
722.111
OPERATE A LANDFILL
0
HAZARDOUS WASTE
DETERMINATION
S
S
S
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
DERRIS;OR CLEAN
CONSTRUCTION OR DEMOLITION DEBRIS.
X
Signature of
Inspector(s)
Informational Notes
I.
Illinois
Environmental Protection Act: 415 ILCS 5/4.
2.
Illinois Pollution Control Board:
35
III. Adm. Code, Subtitle G.
3.
Statutoryandregulatoryreferences
herein
areprovided forconvenience
only and should notbe construed as
legal conclusions
of
the Agency or as limiting the Agency’s
statutory
or regulatory powers. Requirements ofsome statutes and regulations
cited
are in
summary format. Full text ofrequirements can be found in references listed in
1. and 2. above.
4.
The provisions ofsubsection (p) ofSection 21 of the Illinois
Environmental Protection Act shall be enforceable either by
administrative citation under Section 31.1 ofthe Actor bycomplaint under Section 31 ofthe Act.
5.
This inspection was conducted in accordance with Sections 4(c) and4(d) of the illinois
Environmental Protection Act: 415 ILCS
5/4(c) and (d).
6.
Items marked withan “NE” were not evaluated at thetime of this inspection.
7.
Statutory effective date: through 1/8/97.
8.
Regulatory effective date: through 12/20/94.
~7~5519/97
(Open Dump -2)
Date:02-24-04
Site:4802W. Chicago Av.
Site Code :0136255217
City
of
Chicago
Department
of Environment
Narrative
Time:11:15a.m.-12:30p.m.
Investigator:
L. Robertson
County:
Cook-Chicago
I spoke with the
superintendent Sam
Cecala
ofJirsa Construction Co.!
847-695-0900
for the new construction project at 4800
W. Chicago Ave.
An Empowerment Project.
The superintendent stated that Kenneth Harris was a subcontractor on the
project.
I later spoke with Mr .Harris who stated he dumped the above waste
onto the site
.
I
issue a N.O.V.# 7-28-440 and
11-
4-1500.
The
hearing date is pending for
05-06-04.
Mr. Harris stated he will
remove all ofthe waste and show proof ofdisposal.
See the attached.
In summary: Investigator conducted a site inspection due to complaints
from the Alderman ofthe 28th Ward and the Dept. of the Empowerment
Zoning
I observed approximately 20 cubic yards ofconstruction waste debris
and junk construction equipment with the logo ofK.
H.T.
Kenneth
Harris
Truck!
Ph#773-908-5770
on the
site.
L
~
an c~plo~’re
cf
t~
Ci~vof
Ch~~O
Dc~artrflO~t
of
Env:~in~~t
CC~tYt~t I h~V~
~
~
~
r~c.~ced
5
0
I
:~~r
~
~
~vc~~t~3
s~t~O~1
iflth~
0.
S~
~
____
SO———-——
L:ç
••/5~
Lpc#0316255217
02-24-04
4802
W.
Chicago
STATE APPARENT VIOLATIONS
21(a)
CAUSE OR ALLOW OPEN DUMPING.
0
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.
4802 W.
Chicago
0136255217
city ofChicago
Municipal Code Violations
11-4-1500
DISPOSAL OF SOLID WASTE.
7-28-440 DUMPING on REAL ESTATE WITH OUT A PERMIT
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SITE SKETCH
CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
FIELD OPERATIONS DWLSION
SITE
ADDRESS:
SITE CODE:
INVESTIGATOR
COUNTY:
Lafayette Phil
Robertson
COOK
COIJNTY!CHICAGO
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