April 23, 2004
City of Chicago
Richard M. Daley, Mayor
Department ofEnvironment
N.
Marcia Jiménez
Commissioner
Twenty-fifthFloor
30 North LaSalle Street
Chicago, Illinois60602-2575
(312) 744-7606 (Voice)
(312)
744-6451
(FAX)
(312) 744-3586 (TTY)
http://www.cityofchicago.org
RECEIVED
CLERK’S OFFICE
APR 232004
STATE OF ILLINOIS
Pollution Control Board
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:_______
CDOE No. 04-07-AC
Site Code:
0316255216
Dear Clerk Gunn:
Please be advised that the City ofChicago Department of
Environment (“CDOE”) served tl~e
Respondent’s President and
Agent, Kenneth Harris, on
______________.
In order to avoid
default, a Petition for review nY~istbe filed)witl) the Illinois
Pollution Control Board
on or before
______________,
35 days
from the date ofservice.
/
A copy ofthe Proof of Service is attached hereto.
Sincerely,
~
Jobnna J. Potthoff
Assistant Commissioner
CDOE Permitting
and Enforcement Division
Attachment
Department of
Environment
PROOF OF SERVICE
Y~D/
eJ
&i~7~4)
~
/~‘~!‘~dDOE
OVN
NUMBER
Notice ofViolation and other
required plea~1ings,
as required
by law, were
served
on
the
above
captioned
individual or entity by the
means indicated
below.
0
By
PERSONAL
SE1w1cE
upon
the individual/entity
ortheir employee or agent.
o
Refused to sign for receipt ofservice.
___________
________
•
SERVERS
INrrIALs
Date
/i~ider4 ~4
,~e
,.:
___________________________
NAME
OF
PERSON
SERVED
POSITION/CAPACITY (I.E.,
AGENT)
,~‘~‘ersonaI
service of
hearing
notice.
__________
________
SERVERS INITIALS
Daze
SIGN~E/~AME
OF PERSON SERVED
POSmON/cAPACrrY (I.E., AGENT)
O
By
FIRST CLASS
U.S.
MAIL,
postage prepaid, to
thelast
known
address of record ofthe
individual/entity
or their registeredagent on
this
_____
day
of_______________
________
MAILING
ADDRESS
J
By
CERTIFIED MAIL
(return
receipt
requested) to
the last known
address of record of
the
individual/entity
or
their registered
agent.
RECEIPT
NUMBER
DATE
0
By
EXPRESS
OR
OVER~VIGHT
CARRIER
to the
last known address
of record of
the
individual/entity or
their
registered agent.
CARRIER
TRACKING
CODE
DATE
CERTIFICATION
I,
4p.~c~
,‘~
~
~
,
do hereby
certify under threat of penalty provided pursuant to
735
ItCS
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.
P
-
__________
i/I
SIGNATURE OF SERVER
DEPARTMENT
DATE
City
ofChicago
RichardM. Daley, Mayor
Department of Environment
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
RECE~VED
CLERK’S
OFFICE
APR 23
2004
STATE OF ILLINOIS
Pollution
Control Board
Dear Clerk Gunn:
Chicago
o~
Department of
Environ ment
Enclosed for filing 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 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-
3172.
End.
Apri1~~~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 of Environment v.
K.
Harris Trucking
and
Excavating Company
CDOE
No.
04-07-AC
Site
Code: 0316255216
Johnna
J.
Assistant Commissioner
Chicago Department of Environment
RECE~VED
CLERK’S OFFICE
APR
232004
BEFORE
THE
ILLINOIS POLLUTION CONTROL
BOARD
CITY OF CHICAGO DEPARTMENT
)
OF ENVIRONMENT,
)
)
Complainant,
)
)
•
SITECODE: 0316255216
ACO~-l’~
)
(CDOE No. 04-07-AC)
K.
HARRIS
TRUCKING AND
)
EXCAVATING COMPANY
Respondent.
NOTICE OF FILING
To:
Kenneth Harris
PLEASE TAKE NOTICE that on~~
k2-~
~,
we caused the aftached Administrative
Citation to be
filed with the Clerk ofthe Ill
ois Pollution Control Board.
)~..
)
)
)
CITYOF CHICAGO
STATE OF ILLINOIS
Pollution
Control Board
v.
Assistant Commissioner
Permitting and Enforcement Division
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
APR
232004
CITY OF
CHICAGODEPARTMENT
)
STATE OF ILLINOIS
OF ENVIRONMENT,
)
Pollution
Control Board
)
Complainant,
)
•
)
SITECODE: 0316255216
•
•.
v.
)
AC()~t-1~
)
(CDOE No. 04-07-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)
$1500.00
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 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
4801
West Washington Avenue. 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.
Robertson
during
the
course
ofhis
inspection,CDOE has determined thatRespondent violatedthe Act as follows:
a.
Respondent caused or allowed the open dumping ofwaste in a manner
resulting in litter, in violation of Section 21Q,)(1) ofthe Act,
415 ILCS
5/21Q)(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 of Section 21Q~)(7)ofthe Act, 415 ILCS
5/21Q)(7)
(2004)
5
Mr
RobertsOn’s affidavit, attesting to
his
matenal actions
and observations, is
attached as Exhibit 2 andb~iadea
part
of
this
Admimstrative 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:
To ensure that you receive timely and proper credit for your payment, complete a Remittance
Form (see Exhibit 3, attached) andinclude
it with your payment.
City
ofChicago DepartmentofEnvironment
Permitting
and Enforcement Division
30 North LaSalle Street
•
•~•
•
•
•
Suite2500
•
•‘:
•
Chicago, Illinois
60602
3.
You may contest this Administrative Citation by filing a Petition for Review,
including aNotice ofFiling, Certificate ofService, andAppearance, withthe Illinois Pollution
Control Board (“Board”).
4.
Any Petition for Review must be filed within thirty-five (35) days of the date
ofservice 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 PollutionControl 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.
Thecontents of aPetition forReviewand
the procedures to be followed
are
governed by the Board’s procedural rules. Copiesmay be obtainedfrom the
Clerk ofthe Board
at the address above, by calling the Board at (312)
814-3620, orfromthe Board’s
web site at:
http://www.ipcb.state.il.us/rules/slr/boardproceduralandadmithstrativeru1es~.asp
7.
If
you do not contest this Administrative Citation by filing
a petition forreview
withthe Board within the allotted time, the Board will enter an order finding that youcommitted
the violations alleged above andimposing 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 theBoard, the Board will holda hearing.
The Board’s procedural rules have more
information on hearings; see
35
Iii. 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
theBoard.
Hearing costs
are
assessed in addition to the statutory civil penalty
for the violations.
Ifthe Board finds after
the hearing
thatyoudid not
commit
a violation as alleged above, or that the violation resulted
fromuncontrollablecircumstances, you will not be assessed hearing costs
and you will not have
topaya civil penalty.
10.
If
any
civil penalty and/or
hearing costs are not paid within
the
time setby the
Board in its final order,
interest onthe amount due will be assessed againstyou fromthe date
payment is due and including the date that payment is
received.
11.
If
any
civil penalty and/orhearing costs are not paid withinthe time
set by the
Board in its final order,
‘the Office ofthe Illinois Attorney General and/or the City ofChicago
Department ofLaw may initiate court proceedings against you to collect the amount due, plus
any interest accrued.
Inthat event you may also be
liable for court costs.
CITY OF
CHICAGO
DEPARTMENT OF ENVIRONMENT
By:
_______
N.
cia Jimen
Commissioner
Date:
RECEIVED
~JL~1tV~
(Ji-HUl~
•
APR232004
BEFORE THE ILLINOIS POLLUTION
CONTROL
BOAL~JATE
OF ILLINOIS
vouution Control Board
CITYOFCHICAGO DEPARTMENT
)
OF ENVIRONMENT,
)
)
Complainant,
)
)
SITECODE:
0316255216
v.
)
AC________
)
(CDOENo. 04-07-AC)
K.
HARRIS
TRUCKING
AND
)
EXCAVATING COMPANY
)
)
)
Respondent.
)
AFFADAVIT
State ofIllinois
)
)
ss.:
County
ofCook
)
Affiant, Lafayette Robertson, being duly
sworn, voluntarily deposes and states as
follows:
1.
At all times relevant to the above-captioned 4dministrative Citation, the City of
Chicago Department ofEnvironment employed Affiant as an inspector.
2.
On February 24, 2004 between 12:50p.m. and 2:50 p.m., Affiant conducted an
inspection ofthe property at 4801
West Washington Avenue, Chicago, Illinois.
3.
Affiant conducted an onsite inspection,
which included walking around the
property andphotographing 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 ofthe above-captioned
Administrative Citation, which is an accurate record ofAffiant’s observations and factual
conclusions with respect to this site.
Laf~re/te
Robertson
Su1~hcribed
and sworn before me
This
2I~
dayofc1.p~X ,2004.
Notary Public
3S~cJ~~-n
“~‘~~öPflCIAL
s~
I
‘~
U
KAREN A JACKSON
NOTARY PUBLIC STATE OF ILUNOIS
MY COMMISSTON EXP.
FEB. 6,2005
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
APR 23
200’t
CITY
OF
CHICAGO DEPARTMENT
)
pTc~n°c~cIBoard
OFENVIRONMENT,
)
)
Complainant,
)
SITE CODE: 0316255216
v.
)
AC_________
)
(CDOE No. 04-07-AC)
K. HARIS TRUCKINGAND
)
EXCAVATING COMPANY
)
•
)
)
Respondent.
)
REMITTANCE
FORM
FACILITY/PROPERTY:
SITE CODE:
0316255216
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
L
L
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open
Dump Inspection Checklist
LPC#:
03162552i6
4801
W. WASHINGTON BLVD..! Vacant Lot
County:
COOK, CHICAGO
Location/Site Name:
Date:
02-24-04
Inspector(s):
L. ROBERTSON
No.
of Photos
Taken:
#
Interviewed:
Kenneth F.
Harris.
5
Time:
From
To
Est. Amt. of Waste:
12:50p.m..
2:50p.m
Weather:
800
Region:
2
Previous Inspection Date:
Clear ,Sunny, Cold
yds3
Samples Taken:
Yes#
Complaint #:
FIRST
No
X
Responsible Party
Mailing Address(es) and
Phone Number(s):
SECTION
DESCRIPTION
VIOL.
ILLIN OIS ENVIRONMENTAL PROTECTION ACT
REQUIREMENTS
CAUSE, THREATEN OR ALLOW AIRPOLLUTION
IN
ILLINOIS
CAUSE OR ALLOW OPEN BURNING
•
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN
ILLINOIS
CREATE A WATER POLLUTION HAZARD
CAUSE OR ALLOW OPEN DUMPING
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
Without
a
Permit
In Violation of
Any Regulations or Standards Adoptedby the
Board
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE AT/TO SITES NOT MEETING REQUIREMENTS OF
ACT AND REGULATIONS
CAUSE OR ALLOW THE OPEN DUMPINGOF ANY WASTE IN A MANNER WHICH RESULTS
IN ANY OF THE FOLLOWING OCCURRENCES AT THE DUMP SITE:
1.
9(a)
2.
9(c)
3.
12(a)
4.
12(d)
5.
21(a)
6.
21(d)
(1)
(2)
7.
21(e)
8.
21(p)
(1)
Litter
X
(2)
Scavenging
(3)
Open Burning
(4)
Deposition of Waste in Standing or Flowing Waters
Operator
Kenneth Harris
K.H.T.
731N. Latrobe
Chicago, IL. 60644
773-908-5770
OwnerJ
MOO & OINK
7158 5. Stony Island
Chicago
,IL. 60649
Att: Robert Firzt ph#773-493-7100
Ro~ised
5/28/97
(Open Dump
-
1)
City of
Chicago
y
8
Department ofEnvironment
Narrative
Date:02-24-04
Time:12:45p.m.-2:5Opm.
Site:4801-15 W. Washington Blvd.
Investigator: L Robertson
Site
Code :0136235141
County:
Cook-Chicago
In summary: Investigator conducted a site inspection due to complaints
from the Alderman ofthe 28th Ward and the Dept .ofthe Empowerment
Zoning.
•
I observed open dumping of construction waste debris and
construction equipment with logo as K. H.T.
Kenneth Harris Truck!
Ph#773-908-5 770
.
The construction waste debris are approximately
800 cubic yards in a vacant lot.
•
I spoke with Kenneth Harris later that day at the site, he stated he had
his work crews to dump all ofthe waste onto the above site address.
•
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 waste
from the vacant lot.
See the attached.
~
an em;:~’~
~
p,-,
~
~
—
/
u•’.
~
/
r
I
-
~
~
9.U~
and accurate.
~
~
~
7:1—
~
In~p.~
r
LPC#:0i362552~16
inspection
Date:02-24-04
(5)
Proliferation of Disease Vectors
(6)
Standing or
Flowing Liquid Discharge from the Dump
Site
9.
55(a)
NO PERSON
SHALL:
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
(2)
Cause or Allow Open Burning of Any Used or
Waste Tire
35ILLINOISADMINISTRATIVE
CODE REQUIREMENTS
SUBTITLE G
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
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 QR DEMOLITION
DEBRIS;OR CLEAN CONSTRUCTION OR DEMOLITION DEBRIS.
X
Informational Notes
Signature of Inspector(s)
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 convenience only and should not be construed as legal conclusions
of
the Agency or as limiting the Agency’s statutory orregulatory 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 accordancewith Sections 4(c) and 4(d) of the Illinois
Environmental Protection Act:
415
ILCS
5/4(c) and (d).
6.
Items markedwith an
“NE” were not evaluated at the
time of this inspection.
7.
Statutory effective date: through
1/8/97.
R,~1s,d5/28/97
(Open Dump
-
2)
Lpc #0316255216
02-24-04
4801-15
W. Washington Blvd.
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.
21(P)(7)
DEPOSITION
OF
GENERAL
CONSTRUCTION
OR
DEMOLITION
DEBRIS
;
OR CLEAN CONSTRUCTION OR DEMOLITION DEBRIS.
02-24-04
0316255216
4801-15
W.
Washington Blvd.
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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•
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CITY OF CHICAGO
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