City ofChicago
Richard M. Daley, Mayor
Department of Environment
N.
Marcia Jiinénez
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
RECERJED
CLERK’S OFACE
April 23,
2004
APR 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.
Kenneth Harris
AC:_______
CDOB No. 04-04-AC
Site Code:
0316255216
Dear Clerk Gunn:
Please be advised that the City ofChicago Department of
Enviromient ~“CDOE”)served the Respondent, Kenneth Harris,
~
______________.
In order to
avoid default,
a Petition for
revieW”must)e 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,
Johnna J. Potthoff
Assistant Commissioner
CDOE Permitting and Enforcement Division
Attachment
STATE OF ILLINOIS
Pollution
Control Board
Department of
Environ ment
PROOF OF SERVICE
~/?D
/
~j7
~$~y
7~
IN
RE~~AfA’ETh
/-/~,J
7~e~
jf~!°~DOE
OVN
NUMBER
Notice
of
Violation and
other
required plea&ngs, as required
by law,
were
served
on
the
above captioned
individual
or
entity
by the
means indicated
below.
0
By
PERSONALSER
VICE
upon
the individual/entity
or
their
employee or agent.
0
Refused to sign forreceipt of
service.
___________
________
SERVERSINITIALS
Date
,‘.~
_________________________
NAME
OF PERSON SERVED
POSmON/CAPACITY (I.E., AGENT)
,~3’Personalservice of
hearing
notice.
__________
_______
SERVERSINmALs
Date
S1GN~E/1’~TAME
OF PERSON
SERVED
POSITION/CAPACITY
(LE.,
AGENT)
O
By
FIRST
ClASS
U.S. MAIL,
postage prepaid,
to
the last known
address
of
record of the
individual/entity
or
their
registered agent on
this
_____
day
of______________
_______
MAILING
ADDRESS
0
By
CERTIFIEDMAIL
(return receipt requested)
to
the last known address
of record of
the
individual/entity or their
registered agent.
RECEIPT
NUMBER
DATE
0By
EXPRESS
OR OVERSIIGHT CARRIER
to
the last known address
-of-record
of
the individual/entity
or
their
registered agent.
CARRIER
TRACKING
CODE
DATE
CERTIFICATION
I, ~
é~
,
do hereby certify under threat of penalty provided pursuant to
735
I1~CS
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.
e
~.-
___________
SIGNATURE
OF SERVER
DEPARTMENT
DATE
April
22,.2004
The HonorableDorothy
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.
Kenneth Harris
CDOE No. 04-04-AC
Site Code: 0316255216
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 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
of entering a
default judgement in the eventRespondent 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.
Sincerel
Chicago Department ofEnvironment
End.
City
of
Chicago
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 (TTY)
http://www.cityofchicago.org
Department of
En vi ron men
t
RECE~VED
CLERK’S
OFFICE
APR 23
20C4
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
-
STATE OF ILLINOIS
Pollution Control Board
CITY OF CHICAGO DEPARTMENT
)
-
OF ENVIRONMENT,
)
)
Complainant,
)
)
SITECOpE: 0~,1
6255216
v.
)
AC_________
)
(CDOE No. 04-04-AC)
KENNETH HARRIS
)
)
)
Respondent.
)
ADMINISTRATIVE CITATION
Violation:
Civil Penalty:
415 ILCS 5/21(p)(l)
$1,500.00
415 ILCS 5/2l(p)(7)
-
$1,500.00
TOTAL:
$3,000.00
Facts
For this Administrative Citation to
Kenneth F. Harris (“HARRIS”),
the City ofChicago
Department ofEnvironment (“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, HARRIS
is the president ofK. Harris Trucking and Excavating
Company.
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.
Basedupondirect
observations made by Mr. Robertson during the course of
his
inspection, CDOE has determined that Respondentviolated 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)(1) ofthe Act, 415
ILCS 5/21Q)(l) (2004).
b
Respondent caused or allowed the open dumping ofwaste in a manner
resulting in deposition ofgeneral
and/orclean construction or demolition debris, in
violation ofSection 21(p)(7) ofthe Act, 415 ILCS 5/21(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) of the Act, 415ILCS
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:
Cityof
Chicago Department ofEnvironment
Permitting
and
Enforcement Division
30North LaSalle Street
Suite 2500
-
Chicago, Illinois
60602
To
ensure that you receive timely and proper credit for yourpayment, 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 ofService, and Appearance, with the Illinois
Pollution
ControlBoard (“Board”).
A copyof
the Petition for Review must be served on CDOE, at the following address:
City ofChicago Departmentof
Environment
Field Operations Division
30North LaSalle Street
Suite 2500
Chicago, Illinois
60602
6.
Thecontents 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.
Ifyoudo not contestthisAdministrative Citation
by filing a petition for review
withtheBoard within the allotted time, the Board will enter an order finding that youcommitted
the violations allegedabove 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.
Ifyou contestthis 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.
4.
Any Petition for Review must be filed within thirty-five (35) days of the date
of service 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 forReviewmust be filed with:
Clerk ofthe Illinois PollutionControl Board
James R.
Thompson Center
-
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
-
9.
Ifthe
Board finds after
the hearing thatyou committeda 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 he assessed against you from the date
l)ayluelrt 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 ofthe Illinois Attorney General and/or the City ofChicago
Department of I~awmay 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.
CITYOFCHICAGO
DEPARTMENT OFEN9~ONMENT
By:
,Z
~
N/M~rcia
Jin*j(ez
Commissioner
Date:
RECE~VED
-
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR
232004
CITY OF CHICAGO
DEPARTMENT
)
STATE
OF ILLNOI3
OF ENVIRONMENT,
)
Pollution Control Board
)
Complainant,
)
)
SITECODE: 0316255216
v.
-
)
AC
e4-L~1
)
(CDOE No. 04-04-AC)
KENNETH HARRIS
)
)
)
Respondent.
)
AFFADAVIT
State of Illinois
)
)
ss.:
County
ofCook
)
Affiant, Lafayette Robertson, being duly sworn, voluntarily deposes and states as
follows:
-
1.
At all times relevantto the above-captioned Administrative Citation, the City of
Chicago Department
ofEnvironmentemployed
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 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 ofthe above-captioned
Administrative Citation, which is an accurate record ofAffiant’s observations and factual
conclusions with respect to this site.
Laf~~2tte
Robertson
‘N
Suscribed ~nd sworn before
ne
i
NoTARYPuBLlcs~39FlwNOi
This
/
~
day of
Ap~~’,
2004.
~
~_,•J~9~_
Notary Public
•
RECE~V~D
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR
23
200k
CITY
OF CHICAGO
DEPARTMENT
)
STATE
OF ILLINOISd
OF
ENVIRONMENT,
)
pollution Con irol Boar
)
Complainant,
)
SITECODE: 0316255216
v.
•)
AC________
)
(CDOE No. 04-04-AC)
KENNETH HARRIS
)
)
)
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 IdentificationNumber (FE1N)
(or social securitynumber (SSN) ifan individual)
and sign this Remittance Form.
Print the name
oftheperson signing thisremittance Formand that person’s title, ifapplicable. Sendyourcheck
(payable to City ofChicago) along with Remittance Form to:
City ofChicago Department ofEnvironment
Permitting and Enforcement Division
30North LaSalle Street
Suite 2500
• Chicago,IL 60602
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County:
COOK, CHICAGO
LPC#:
0316255216
Region:
2
LocationlSite Name:
4801
W. WASHINGTON BLVD..! Vacant Lot
Date:
02-24-04
Time:
From
To
Previous Inspection Date:
FIRST
_______________________
12:50p.m..
2:50p.m
Inspector(s):
L. ROBERTSON
Weather:
Clear ,Sunny, Cold
No. of Photos
Taken:
#
5
Est. Amt. of Waste:
yds3
Samples Taken:
Yes#
No
X
800
Interviewed:
Kenneth F.
Harris.
Complaint #:
ResponsibleParty
Operatori
KennethHarris
K.H.T.
Ownerj
MOO & OINK
Mailing Address(es) and
731N. Latrobe
7158 S. Stony Island
Phone Number(s):
Chicago, IL.
60644
Chicago ,IL. 60649
773-908-5770
Att:
Robert
Firzt ph#773-493-7100
SECTION
DESCRIPTION
I
VIOL.
1
ILLIN OIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOWAIR 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)
CREATEA WATER POLLUTION HAZARD
5.
21(a)
CAUSE OR ALLOW OPEN
DUMPING
X
6.
21(d)
(1)
CONDUCT ANY WASTE
OPERATION:
Without
a
Permit
-STORAGE, WASTE-TREATMENT,
OR WASTE- DISPOSAL
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)
(1)
•
CAUSE OR ALLOW
THE
IN ANY OFTHE FOLLO
Litter
OPEN DUMPING OF ANY WASTE IN A MANNERWHICH RESULTS
WING OCCURRENCES AT THE DUMP SITE:
X
(2)
Scavenging
(3)
Open
Burning
(4)
Deposition of Waste in Standing or Flowing Waters
(Open Dump
—
1)
City of
Chicago
~
8
Department of Environment
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-Chicagq
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 open dumping of construction waste debris and
construction equipment with logo as K. H.T.
Kenneth Harris Truck!
Ph#773-908-5 770
III
.
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 of the waste onto the above site address.
•
Tissue 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.
~
~.~e&’T~
c-_J’
~n emr~ ~
~
~•.,,
~
1
~t
I
1
rc
~
I
w
~
~
c~~..Cura~e,
~
I
flS~j.
~
~
~
LPC#:01362552~1
6
inspection Date:02-24-04
(5)
(6)
55(a)
Proliferation of Disease Vectors
Standing
or Flowing
Liquid
Discharge from the Dump
Site
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
35 ILLINOIS ADMINISTRATIVE 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
HAZARDOUS WASTE DETERMINATION
12.
808.121
SPECIAL WASTE DETERMINATION
13.
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE HAULERWITHOUT A
WASTE
HAULING PERMIT
AND/OR MANIFEST
OTHER REQUIREMENTS
14.
APPARENT VIOLATION OF:
(
)
PCB;
(
)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
15.
OTHER:
2 1(P) (7) DEPOSITION OF GENERAL CONSTRUCTION OR DEMOLITION
DEBRIS; OR CLEAN CONSTRUCTION OR DEMOLITION DEBRIS.
Signature of Inspector(s)
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
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 ofrequirements can be found in references
listed in I. and 2. above.
4.
The provisions of subsection (p) of Section
21
of the
Il1inois~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 time of this inspection.
7.
Statutory effective date:
through
1/8/97.
9.
R,~1s,d
5128/97
(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
~:..
~w~st
I~ISend Ta Printer
~k
taJ4~
480 1-15
W
Washington Blvd
Chicago IL
60644r362&
US
..
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SITE SKETCH
CITY
OF CHICAGO
DEPARTMENT OF
ENVIRONMENT
FIELD
OPERATIONS DIVISION
SITE
ADDRESS:
SITE CODE:
INVESTIGATOR
~-f)?o1~1~Ct4J.
WA&
ô~f~c~c
~ij~
Lafayette Phil
Robertson
DATE:
COUNTY:
COOK COUNTY/CHICAGO
Date:
Site:~~
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SiteCode:
O3~
~
CITY
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DEPARTMENT
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PHOTOGRAPHS
Time:
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(2-f/~~(
.-
Inspector:
,4’
./~4’~~4-
County:
Cook/County
Roll
#________
Photo
#___________
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Code:
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Rol1~___
Comments:_____
CITY
OF CHICAGO
DEPARTMENT
OF
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PHOTOGRAPHS
Thne:~~Cr
-
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Inspector: ~
~.-i’~-—_
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CITY
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DEPARTMENT
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ENVIRONMENT
PHOTOGRAPHS
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County:_Cook/County
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