May 18, 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.
National Material Limited Partnership
CDOE No. (04-09-AC)
REC~V~D
CLERKS
OFFICE
MAY ~C 2O~
STATE
OF ILLINOIS
Pollution Control Board
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 (TFY)
http://www.cityofchicago.org
Dear Clerk
Gunn:
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 will
cause to be served via FedEx Delivery this Administrative Citation
upon the Respondent. Attached please also find the Proof of Service
with a Notice of Filing.
Ifyou have any questions or concerns, please contact me at (312) 744-
3172.
Ends.
NE~~DS
BUILDLI4G CHICAGO TOGETHER
City of Chicago
Richard M. Daley, Mayor
Chicago Department of Environment
RECE~VED
CLERK’S OFFICE
MAY I C 2004
BEFORE THE ILLINOIS POLLUTION.CONTROL BOARD
STATE OF ILLINOIS
Pollution Control Board
CITY OF CHICAGO DEPARTMENT
)
OF ENVIRONMENT,
)
)
Complainant,
)
)
SITE CODE: 031651
v.
)
AC 0~-7~\
)
(CDOE No. 04-09 -AC)
NATIONAL MATERIAL LIMITED
)
PARTNERSHIP
)
)
)
Respondent.
)
NOTICE OF FILING
To:
National Material Limited Partnership
Mr. Don
Crawford
1965
Pratt Blvd.
Registered Agent
Elk Grove Village, IL 60007
National Limited Material Partnership
12301 Hubbell Ave.
Detroit, MI 48227
PLEASE TAKE NOTICE that on
Pfr~~~!
9~tJ
we caused the attached Proof ofService
to be filed with the Clerk ofthe Illinois Polluti
C ntr~1Board.
CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
B~TR~k~
Johnna J. Potthoff
Assistant Commissioner
Permitting and Enforcement Division
CLERK’S OFFICE
MAY 1 C
2004
STATE OF
ILLINOIS
PROOF OF SERVICE
PoIIutjo~Control Boartj
~
VS.
~
~
D~RE:fl~oY~L//21~y,a)
~
~DOE Ot/_
LI /4C
OVN
NUMBER
Notice ofViolation and other required pleadings, as required
by
law, were
served
on
the
above
captioned
individual
or
entity
by
the means indicated
below.
0
By
PERSONAL
SERVICE
upon
the individual/entity
or
their
employee or agent.
o
Refused
to
sign
for receipt of
service.
____________
_________
•
SERVERSINITIALS
Date
NAME OF PERSON SERVED
POSrrION/CAPACITY (I.E., AGENT)
o
Personal service of
hearing
notice.
___________
SERVERS
O~TflALS
D~c
SIGNATURE/ N~j~OF PERSON SERVED
Posmow/cAPAcrry (I.E., AGENT)
0
By
FIRST ClAss US MA.u.~,
postage prepaid,
to
the last known address of record
of
the
individual/entity or
their registered agent
on
this
_____
day
of______________
_______
MAILING ADDRESS
RECEIPT
NUMBER
DATE
0 By
CERTIFIED MAIL
(return receipt requested)
to
the last known address
of record of
the
individual/entity
or their
registered agent.
By
EXPRESS
OR
OVERNIGHT
CARRIER
to
t~elast known address
of record
ofthe~~~en~r
theirregisteredagent.~cA\~b(\\
LV~CI.
CARRIER
~di;
pr~3
gc/jç3qj ~
U/333
TRACKING
CODE
DATE
735
ILCS
5/1-109, that t~
CERTIFICATION
f
~-t’r~ht--e
c~A-&kz~8~v~_
hereby certify under threat of penalty provided pursuant to
‘~dimin~iolatiwrNotieeandother required documents were
individual/entity or their agent in the manner indicated.
I/14~(S~O’-F
SIGNATURE OF SERVER
DEPARTMENT
DATE
- • •
!R~CE~VED~CLERK’S
OFFICE
•
•MAY1C2004
•
•~~ROOF OF SERVICE
,t
~
~h~pOE
OVN
°~-/
NUMBER
-
oq-r~c
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.
0 By
PERSoNALSERVICE
upon
the individual/entity or their employee or agent.
•
0
Refused to sign for receipt of service.
___________
________
•
SERVERS
INITIALS
Date
NAME
OF PERSON SERVED
POSmON/CAPACITY (I.E., AGENT)
o
Personal service of
hearing
notice.
___________
________
SERVERS
INTflALS
Date
SIGNATTJRE/
NAME OF PERSON SERVED
POSmON/CAPACITY (LE., AGENT)
O
By
FIRST CL4SS 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
CERTIFIED MAIL
(return
receipt requested) to the
last known
address of record ofthe
individual/entity or their
registered
agent.
RECEIPT NUMBER
DATE
By
EXPRESS
OR OVERNIGHT
CARRIER
to
the last known address
of record of
the individual/entity
or
•
~
i~
L
~
‘-“
____________
i1~tq3~&
_____
CARRIER
•
TRACKING
CODE
DATE
•
CERI1FICATION
__
~
I,
‘JO VI
~
,
do hereby certify under threat ofpenalty provided pursuant to
735 ILCS 5/1-109,
a the
.
•
.
and other required documents were
served
the above named individual/entity or their agent in the manner indicated.
__________
~
~
SIGNATURE OF SERVER
•
DEPARTMENT
DATE
RECE~VE~
CLERK’S OFFICE
MAY 1 C 2004
BEFORE THE ILLINOIS POLLUTION ~
CITY OF CHICAGO DEPARTMENT
)
OF ENVIRONMENT,
)
)
Complainant,
)
)
SITE CODE:
031651
v.
)
AC
__________
)
(CDOE No. 04-09-AC)
NATIONAL MATERIAL LIMITED
)
PARTNERSHIP
)
)
)
Respondent.
)
NOTICE OF FILING
To:
National Material Limited Partnership
Mr. Don Crawford
1965 Pratt Blvd.
Registered Agent
Elk Grove Village, IL 60007
National Material Limited Partnership
12301 Hubbell
Ave.
Detroit, MI 48227
PLEASE TAKE NOTICE that on f~1W1f
1
~OL\.
,
we caused the attached Administrative
Citation to be filed with the Clerk ofthe I11in~!sPollution Control Board.
CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
B~1L/t1~J/(~4~
Johnna J. Potthoff
Assistant Commissioner
Permitting and Enforcement Division
•
CLERK’S OFFICE
MAY 1 ~2004
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARDSTATEPollution OFControlILLINOISBoard
CITY OF CHICAGO DEPARTMENT
)
OF ENVIRONMENT,
)
)
Complainant,
)
)
SITE CODE: 031651
v.
)
AC c2-V79
)
(CDOE No. 04-09-AC)
NATIONAL MATERIAL LIMITED
)
PARTNERSHIP
)
)
)
•
Respondent.
)
ADMINISTRATIVE CITATION
Violation:
Civil Penalty:
415 ILCS 5/2l(p)(4)
$1,500.00
415 ILCS 5/2l(p)(6)
$1,500.00
TOTAL:
$3,000.00
Facts
For this Administrative Citation to National
Material Limited Partnership (“NMLP”),
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) 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, NMLP is an Illinois Limited Partnership who is the titled owner of
the real property having a Property Identification Number of 25-26-400-008, located at 12950
South Stony Island Avenue, Chicago, Illinois (the “Site”).
3.
On March 29, 2004, çDOE Investigator Stan Kaehler inspected the Site. A copy
of his
inspection report is attached as Exhibit 1
and made a part of this Administrative Citation.
4.
Based upon direct observations made by Mr. Kaehler during the course ofhis
inspection, CDOE has determined that Respondent violatedthe Act as follows:
a.
Respondent caused or allowed the open dumping of waste in a manner
resulting in deposition ofwaste in standing or flowing waters, in violation ofSection
21Q,)(4) of the Act, 415 ILCS
5/21(p)(4)
(2004).
b.
Respondent caused or allowed the open dumping ofwaste in a manner
resulting in standing or flowing liquid discharge from the dump site, in violation of
Section 21(p)(6) ofthe Act, 415 ILCS
5/21QD)(6)
(2004).
5.
Mr. Kaehler’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 of One 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 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 Citationby 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
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 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 ofthe Petition for Reviewmust 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 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/slr/boardproceduralandadministrativerules.asp
7.
Ifyou 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 findingthat 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.
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.
Ifthe Board finds afterthe 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.
Ifany civil penalty andlor 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.
If any civil penalty andlor 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 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: !2ciaJirned’~T
Commissioner
Date:
S117)o’I
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
CITY OF CHICAGO DEPARTMENT
)
OF ENVIRONMENT,
)
)
Complainant,
)
)
SITECODE: 031651
v.
)
AC
___________
-
)
(CDOE No. 04-09-AC)
NATIONAL MATERIAL LIMITED
)
PARTNERSHIP
)
)
)
Respondent.
•
)
AFFADAVIT
State of Illinois
)
)
County of Cook
)
Affiant, Stan Kaehler, 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 ofEnvironment employed Affiant as an Investigator.
2.
On March 29, 2004 between 12:50 p.m. and 1:45 p.m., Affiant conducted an
inspection ofthe property at12950 South Stony Island, Chicago, Illinois.
3.
Affiant conducted an onsite inspection, which included walking around the
property and photographing the site.
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.
~1&I
Stan Kaehler
Subscribed and sworn before me
0FRACSEAL
This 1~ day of1Y~.cu~
,
2004.
~Y~J~LL1NO~J
Notary Public
MY COMMISSION EXP. FEB. 6,2005
INSPECTION DATE: 03/29/2004
SITE NAME: Midwest Metallic
SITE ADDRESS: 12950 S Stony Island
SITE CODE:
TIME: PM 12:50
EMPLOYEE: Stan Kaehler
COUNTY: Cook
I
Chicago
Investigator Kaehler received instruction from DOE Senior Staff to conducted a site
assessment-of
the-old-
Scrap Corp. of America
I
Midwest Metallic site. This site was operated by Scrap Corp. of America and Midwest
Metallic as a scrap yard. The site received and shredded junk autos before filingfor bankruptcy in the late 1990’s.
Upon arrival, I proceeded to Maryland Pig Services which operates a pig-iron-
usiness-along-theinorthern
area of this site. Raymond Homolka, foreman for Maryland Pig Services was not on site during this inspection.
SITE CONDITIONS:
1.
There are numerous waste piles scattered throughout this site. Waste piles consist of wood, metal,
concrete,
dirt
and waste tires. Piles are stored between 1 foot high to 20 feet high. The waste piles are stored in
standing water. There are numerous areas containing standing water from recent rainstorms. There does not
appear to be any sewers on site. Wood, metal and rock from the operation of this site is embedded into the soil of
this site (see all photos).
2.
There are
two (
2) buildings located on the site that are not in use. Both buildings are open and unsecured.
There is an excavation located to the south of one (1) of the abandon buildings that is filled with water. This
excavation is heavily stained with a petroleum product. The water located within the excavation has a petroleum
residue floating on top of water
(
see photos #20 & #21).
SEE ATTACHMENTS
REPORT COMPLETED? j~f’YES
____
NO
NOV ISSUED?
____
YES
INVESTIGATION COMPLETED? ~_-h’Es
____
NO
ATTACHMENTS? ~~-YES
____
NO
I, Stan Kaehler an employee of the City of Chicago, Department of Environment, declare that I
haveconductedan
inspection of the
above
mentioned property on the date indicated. I further declare that the observations set forth on the
report are true and accurate.
35
STAR #
CITY
OF CHICAGO
DEPARTMENT OF ENVIRONMENT
PERMITTING AND ENFORCEMENT
NARRATIVE EVALUATION
SUMMARY
SIGNATURE
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.
.
.
.
SITE SKETCH
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OF
CHIcAGO
DEPARTMENT
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SOLID WASTE
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DATE:
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Photo # ~
£7
Direction
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Site Code: t’3~5ci
CITY OF (‘IUCAGO
DEPARTMENT OF ENVIRONMENT
P1-101 OGRAPHS
Dale:
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Tirnc:~Inspector:
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S KAEHLER
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Couiitv: Cook Chicago
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MflR 29 2004
Roll fi_______ Photo # I (
Direction /~
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Comments:
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Photo # ~ Z
Direction
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LU
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CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
PHOTOGRAPHS
Date: J~~2~-~/
Site:
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Site Code: o~/~çj
Time:i~ ~
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Inspector: S. KAEHLER
County: Cook / Chicago
Roll
#_______
Photo # 6X5
Direction U
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