c~E~(~’ED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ICE

JUN 28

2004

CITY OF CHICAGO

DEPARTMENT

)

OF ENVIRONMENT,

)

~

COflfroj

Board

Complainant,

)

)

SITE COD1~:fO316265l18

V.

~

)

(CDOE No

04-09-AC)

GENE EVANS

)

)

)

Respondent

)

NOTICE OF FILING

To:

Gene Evans

PLEASE TAKE NOTICE that 0~1t~

181b’L

we caused the attached Administrative

Citation to be filed with the Clerk ofthe Illinois Pollution Control Board.

CITY OF CHICAGO

DEPARTMENT OF ENVIRONMENT

By:

_________________

Maggie Rice

Deputy Commissioner

Permitting

and

Enforcement Division

---

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JUN 282004

CITY OF CHICAGO DEPARTMENT

)

STATE OF ILUl~0l~

OF ENVIRONMENT,

)

POII~tj~n

Controi

eo~-~

)

Complainant,

)

)

SITECODE-k~316265ll8

v.

)

AC__________

)

(CDOE No. 04-09-AC)

GENE EVANS

)

)

)

Respondent.

)

ADMINISTRATIVE CITATION

Violation:

Civil Penalty:

415 ILCS

512l(p)(l)

TOTAL:

$1,500.00

Facts

For this Administrative Citationto Gene Evans (“EVANS”), 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)

(2004).

CDOE is thus a “delegated unit” and may issue administrative citations under

35

Ill.

Adm. Code

108.200.

2.

Respondent EVANS is an Illinois resident.

3.

On May

5,

2004, CDOE inspector Lafayette Robertson inspected 4401 W.

5th

Street.

A copy ofhis inspection report is attached as Exhibit

1

and made a part ofthis

Administrative Citation.

Inspector Robertson found an uiimarked unlicensed tractor trailer full

ofwaste staged on the public way.

The waste within the tractor trailer was open to and visible by

the public.

Respondent EVANS told Inspector Robertson that Respondent EVANS towed the

tractor trailer full ofwaste to the City street.

---

4.

Based upon direct observations made by Mr. Robertson 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 litter, in violation ofSection

21QD)(1) ofthe Act,

415

ILCS

5/21Q,)(1)

(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

:‘~~

~H~’

f.

.‘

5/42(b)(4-5)

(2004), Respondent is

subjectto a civil penalty of One Thousand Five Hundred

Dollars

($1,500.00)

for each ofthe four violations identified above, for a total civil penalty of

One Thousand Five Hundred

Dollars ($1,500.00).

..

.,

,

.

I.

.‘~,:

Notices

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.

---

5.

,

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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/procedural/procedural.htm

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 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

informationon hearings; see 35 Ill.

Adm. Code Parts

101

and 108.

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

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 copyofthe Petition for Review must be

served on CDOE, at the following address:

City ofChicago Department of Environment

Permitting and Enforcement Division

30 NorthLaSalle Street

Suite 2500

Chicago, Illinois

60602

---

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 the Board.

Hearing costs

are assessed in addition to the statutory civil penalty forthe violations.

Ifthe Board finds after

the hearing that you did not commit a violation as alleged above, orthat 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 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 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

Date:

~

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‘DEPARTMENT OF ENVIRONMENT

‘

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By:

________

Commissioner

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CITY OF CHICAGO DEPARTMENT

)

OF ENVIRONMENT,

)

)

Complainant,

)

)

SITECODE:03162651l8

V

I

)

AC______

/

I

/

)

(CDOE No

04-09-AC)

GENE EVANS

I

I

1

)

I

/

)

)

Respondent

)

I

I

/

,

/

/

I

/

II

I

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/

1/

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1,1

AFFADAVIT

State of Illinois

)

)

ss

“5,”

,‘

County of Cook

.

,

)

‘~

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Affiant, Lafayette Robertson, being duly sworn, voluntarily deposes and states’as follows:

1.

At all times relevant to the above-captioned Administrative Citation, Affiantwas

employed as a senior environmental inspector by the City of Chicago Department of

Environment.

2.

On Ma~

5. 2004 between 3:00

p.m.

and 3:40 p.m.. A’fliant conducted

an

inspection oF the northern portion of the property at 4401

West Fifth Avenue. Chicago. Illinois.

3.

Afliantconducted an onsile inspection,

which included walking around the site

and

photographing the site.

After the inspection. A’fiiant spoke with EVANS about his findings.

4.

In connection with this inspection and subsequent

conversation. Afliant

completed the Inspection Report appended to

and

made part of the above—captioned

Administrative Citation, which is an accurate record of Affia.nt’s observations and

factual

conclusions with respect to this site.

I ~afa~4~t~

Robertson

(I

Subscribed

apd

sworn before me

I

his

o’-T

day

o’l

r~—~—-

,

2004.

.~.

otary Public

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---

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Open Dump Inspection Checklist

County:

COOK, CHICAGO

LPC#:

0316265118

Location/Site Name:

4401

W. Fifth AVE.

.

IVacant Lot

Date:

Time:

From

Inspector(s):

L. ROBERTSON

No. of Photos Taken:

#

Interviewed:

Ed Smith

3:00p.m.

Responsible

Party

Operator:

Gene Evans

Mailing Address(es) and

4645 W. Harrison St.

Phone Number(s):

Chicago,IL.60644

NO PHONE

3:40p.m

-

Weather:

clear ,Sunny

80

yds3

SamplesTaken:

Complaint#:

__________

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:

(1)

Without a

Permit

X

(2)

,

In Violation ofAny Regulations or Standards Adopted bythe 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)

CAUSEOR ALLOW THE OPEN DUMPING OF

ANY

WASTE IN A MANNER WHICH RESULTS

IN ANY OFTHE FOLLOWING OCCURRENCES ATTHE DUMP SITE:

(1)

Litter

S

‘

X

(2)

Scavenging

(3)

Open Burning

.

(4)

Deposition of Wastein Standing or Flowing Waters

(5)

Proliferation ofDisease Vectors

‘

‘

(Open Dump

-

1)

Region:

2

To

Est. Amt. ofWaste:

Previous

InspectionDate:

FIRST

Yes#

•NoX

Rev5/8d

5/28/97

---

LPC#:0136265118

5

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5

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‘‘

‘‘

,

“,“‘.

5’

5

‘

Ii’spection Date:05-05-04

H’’

‘

‘

(6)

Standing or Flowing Liquid Discharge from the Dump Site

I

9.

55(a)

NO PERSON

SHALL:

,,

‘‘

::

(1’)

‘

‘

,;‘

‘

Cause or Allow Open

D

~ii~gof’AnyU~ed

or WasteTire

‘

‘‘H,

‘

(2)

Cause or Allow OpenBumin~

of Any Used or Waste Tire’

I

35 ILLINOIS

ADMINISTRATIVE

CODE

REQUIREMENTS

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,:,

H

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/

SUBTITLE

G

‘

‘~

‘

‘10.

812.101(a)

~

FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT

TO DEVELOP AND

OPERATE A LANDFILL:

:‘‘

“.‘:

‘1

‘“

‘,

‘.11.

722.111

,

,

‘

HAZARDOUS

WASTE 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

OR DEMOLITION

DEBRIS;OR CLEAN

CONSTRUCTION OR DEMOLITION DEBRIS.

I

I

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1

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Informational Notes

I

I

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I.

illinois

Environmental Protection

Act:

415

ILCS 5/4.

:5

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‘~

2,;

Illinois

Pollution Control

Board: 35

III. Adm. Code, Subtitle G.

.,:

‘

S

I

;:

Statutory and regulatory references hereinare

provided for convenience only and should notbe construed as-legal-conclusions

of

H

:,

,~

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 inreferences listed in

I

ancl2

above

4.’

The provisionsof subsection (p) of Section

21

of the

Illinois

Environmental Protection Act shallbe enforceable eitherby

administrative citation under Section 31.1

of the Act or by complaint under Section

31 ofthe 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 markedwith 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.

Signature

of Inspector(s)

(Open Dump -2)

Re5/SOd

5/25/97

---

II

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City of

Chicago

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Department ofEnvironment

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Narrative

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Date:05-05-04

‘

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Time:3:OOp.m.-3:40p.m..

I

Site 4401 W

Fifth Ave

Investigators

L

Robertson

Site

Code 0316

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County

Cook-Chaca2o

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In Summary

Investigator monitonng the above address for dumping

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ofabandoned truck trailers

51

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At the time ofmy inspection I did observed an abandoned truck

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trailer on the public way at the above address

1/1

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I spoke with the area business men and was infoi~edthat Mr Gene

I

/

Evans of

4645

W

Harnson Street, dumped the trailer full ofgarbage

I

,‘

onto the public way. I later spoke with Mr. Evans, who stated he did

fill up the trailer with the above waste and tow the unmarkedtrailer

with no vehicle plates onto the public way.

•

Mr.

Evans stated he will clean the garbage from the trailer and

remove it from the public way to a site he did not disclose.

•

I issued an N..O.V.#E000007691 for M.C. violations of 7-28-440 &

11-4-1500. The hearing date is pending for 07-15-04

.

See the

attachments.

Note: The

Dept. of Street and

Sanitation

cleaned and removed the

trailer

and

its

garbage contents on the week of 05-17-04.

,,

an

on~pkVGe

of th~~

~

observations setforth

in

this

report are true and accurate.

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lnsp. #

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CITY OF CHICAGO

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CITY OF CHICAGO

DEPARTMENT OF ENVIRONMENT

PHOTOGRAPHS

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---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

DATE OF INSPECTION:

05/05/2004

DATE REMITTED:

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Signature:

Print Name:

FE1N/SSN:

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’.; title, if applicable.

Send your check

(payable to City ofChicago) along with

Remittance

Form

to:

City ofChicago 1)epartment of Environment

Permitting and

Enforcement Division

30 North LaSalle Street

Suite

2500

Chicago, 1L 60602

5

,

,

,

,

,

I

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/

5,

CITY OF CHICAGO DEPARTMENT

)

OF ENVIRONMENT,

)

)

Complainant,

)

)

SITE CODE: 0316265118

v.

)

AC

____________

)

(CDOE No. 04-09-AC)

GFNE EVANS

)

S

)

)

Respondent.

)

REMITTANCE FORM

FACiLiTY/PROPERTY:

SITE CODE:

0316265118

COUNTY:

Cook

CIVIL PENALTY:

$1,500.00