November
,
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:
• RECE~VED
CLERK’S OFFICE
NOV
16
2004
STATE OF ILLNOIS
Pollution Control 8oard
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
CDOE No. 04-12-AC
Site Code:
0136255211
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
(“CDOE”), through its agent, will serve, viahand 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 of entering 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-
4018.
Sincerely,
‘1
~/IJ
Maggie Rice
Deputy Commissioner
CDOE Permitting and Enforcement Division
End.
City ofChicago Department ofEnvironment v. AAA
DollarDisposal,
Inc.
AC:
________
City of Chicago
Richard
M.
Daley, Mayor
Chicago
Department of
Environment
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~CE~VED
CLERK’S OFFICE
CITY OF CHICAGO DEPARTMENT
)
OF ENVIRONMENT,
)
NOV
162004
•
STATEOFILLINOIS
Complainant,
)
Pollution Control Board
)
SITE CODE: 0136255211
V.
)
AC
C)~~7
)
(CDOE No. 04-12-AC)
AAA DOLLAR DISPOSAL, INC.
)
)
)
Respondent.
)
NOTICE
OF FILING
To:
Carolyn Donoval
1410
South Clinton
Chicago, IL 60607
(Registered agent for AAA Dollar Disposal, Inc.)
PLEASE TM~NOTICE that on
I
,
we causedthe attached Administrative
Citation to
be filed with the Clerk ofthe IllinoWPollution Control Board.
CITY OF CHICAGO
DEPARTMENT OF E
•IRONMENT
By:
__________________
Mag
ie Rice
Deputy Commissioner
Permitting and Enforcement Division
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDLERK’S OFFICE
CITY OF
CHICAGO DEPARTMENT
•
)
NOV
162004
OF ENVIRONMENT,
•
)
STATE
OF
ILLINOIS
)
Pollution Control Board
Complainant,
)
v.
•
)
AC_________
)
(CDOE No. 04-12-AC)
)
SITE CODE: 0136255211
AAA DOLLAR DISPOSAL,
INC.
)
)
Respondent.
)
ADMINISTRATIVE
CITATION
Violation:
Civil Penalty:
415 ILCS
5/2l(p)(l)
•
$1,500.00
415 ILCS
5/21(p)(7)(i)
$1,500.00
TOTAL:
$3,000.00
Facts
Forthis Administrative Citation to AAA Dollar Disposal,
Inc. (“DISPOSAL”) 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 DISPOSAL engages in waste disposal activities
and is
a registered
Illinois corporation doing business in Illinois.
3.
On September 21, 2004, CDOE Investigator, Lafayette Robertson, inspected the
site located approximately at 4724 West Harrison Street.
A copy ofhis inspection report is
attached as Exhibit
1
and made a part of this Administrative Citation.
Investigator Robertson
observed litter and piles ofclean and general construction and demolition debris.
The general
construction and demolition debris and litter included but was not limited to piles containing soil,
concrete, and bricks.
Pictures of these piles are contained in Exhibit
1
and labeled “Photo
#5”
and “Photo #3.”
Investigator Robertson further observed a truck with a “AAA Dollar Disposal”
logo on the door arrive at the site and deposit a dumpster also labeled “AAA Dollar Disposal.”
On prior dates, Investigator Robertson spoke with DISPOSAL agent, Steven Dukatt, who
admitted that DISPOSAL caused general construction and
demolition debris and litter to be
deposited at the site.
4.
Based upon direct observations made by Investigator Robertson during the course
ofhis inspection,
CDOE has determined that Respondent violated the Act as follows:
a.
Respondent caused or allowed the open dumping ofwaste in a manner
resulting in litter, in violation ofSection 21(p)(1) ofthe Act, 415 ILCS
5/21(p)(i)
(2004).
•
b.
Respondent caused or allowed deposition ofgeneral construction or
demolition debris in violation ofSection 21(p)(7)(i) ofthe Act, 415 ILCS
5/21Q)(7)(i)
(2004).
5.
InvestigatorRobertson’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 of the violations identified above, for a total civil penalty of
Three
Thousand Dollars ($3,000.00).
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:
CityofChicago Department ofEnvironment
Permitting and Enforcement Division
30 North LaSalle Street
Suite 2500
Chicago, Illinois
60602
To ensure that you receive timelyand proper credit foryOur payment, 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
Control Board (“Board”).
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.
any interest accrued.
In that event you may also be liable for court costs.
CITY OF CHICAGO
Date:
/fr/?,~4~
/~,
Z~x7~
DEPARTMENT OF
ENVIRONMENT
By:
7 ~
N.’MScia Jimé
e
Commissioner
•
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CITY OF CHICAGO
DEPARTMENT
)
OF
ENVIRONMENT,
)
)
•
Complainant,
)
)
v.
)
AC
____________
)
(CDOE No. 04-12-AC)
AAA DOLLAR DISPOSAL, INC.
)
SITE CODE:
0136255211
)
)
Respondent.
)
REMITTANCE FORM
FACILITY/PROPERTY:
•
SITE
CODE:
0136255211
COUNTY:
Cook
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
09/21/2004
DATE REMITTED:
Signature:
_______________________
FEIN/SSN:
_________________
Print Name:
______________________
Title:
____________________
Instructions
Enter
the date
of
yourremittance, your Federal Employee Identification Number (FEIN)
(or
social securitynumber (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 ofChicago) along with Remittance Form to:
City ofChicago Department ofEnvironment
Permitting and Enforcement Division
30 North LaSalle Street
Suite 2500
Chicago, IL 60602
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CITY OF CHICAGO DEPARTMENT
)
OF ENVIRONMENT,
)
)
Complainant,
)
)
v.
)
AC
____________
)
(CDOE
No. 04-12-AC)
•
)
SITECODE:
0136255211
AAA DOLLAR DISPOSAL, INC.
)
)
Respondent.
)
AFFIDAVIT
State ofIllinois
)
)
ss.:
County ofCook
)
Affiant, Investigator Lafayette Robertson, 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 a senior environmental investigator.
•
2.
On September 21, 2004 approximately between 4:00 p.m. and
5:30p.m.,
Affiant
conducted an inspection ofthe property approximately located at 4724 West Harrison Street in
Chicago, Illinois.
Afflant’s onsite inspection included canvassing the site, walking on the site,
and photographing the site.
3.
In connection with these inspections, Affiant completed the Inspection Report
appended to and
made part of the above-captioned Administrative Citation, which is an accurate
record ofAffiant’s observations and factual conclusions with respect to this site.
FURTHER AFFIANT SAYETH NAUGHT.
•
_______
La~4e/Robertson
Subscribed and sworn before me
This
p’~
day of ~11e4J
,
2004.
Notary Public
~
NOTARY
PUBLIC
STATEOF ILLINOIS
•
i~
MY COMMISSION EXI’. V~.(~2flO5
County:
COOK, CHICAGO
Location/SiteName:
Date:
9-21-04
Inspector(s):
L. ROBERTSON
No. of Photos
Taken:
#
5:30P.M
Weather:
Clear ,Sunny
yds3
Samples Taken:
Responsible Party
Mailing Address(es) and
Phone Number(s):
Operator: AAA Dollar
Disposal
4724 W. Harrison St.
Chicago
,IL. 60644
yardj
Office:
AAA Dollar Disposal
2415 N. Mannheim Rd.
Franklin PK, IL.60131
Ph#773-227-6500/866-441-2222
I
SECTION
I
•
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 of Any Regulations or Standards Adopted by the Board
X
7.
2
1(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 ATTHE
DUMP SITE:
(1)
Litter
X
(2)
Scavenging
(3)
Open Burning
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
LPC#:
0316255211
Region:
2
4724-50
W. Harrison St.
Time:
From
odr
05
To
4:00P.M.
11
Est.
Amt. of Waste:
Interviewed:
Wojciech L. Wiacek Driver
Previous
InspectionDate:
100
05-1-03
Cornplaint#:
Yes#
No
X
Re~1,ed5128197
(Open Dump
-
1)
LPC#:d13625~21
1
lnspe~tionDate:09-21-04
(6)
Standing or
Flowing Liquid Discharge from the Dump Site
I
9.
55(a)
NO PERSON
SHALL:
(1)
Cause or Allow Open Dumping of Any Used or WasteTire
X
(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 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.
X
Signature of Inspector(s)
Informational Notes
1.
illinois
Environmental Protection Act: 415 ILCS 5/4.
2.
Illinois
Pollution Control Board:
35
Ill. 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 or regulatory powers.
Requirements of some
statutes
andregulations
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 accordance with 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.
8.
Regulatory effective date: through
12/20/94.
Rel~1sed5l28/97
(Open Dump
—
2)
City of
Chicago
•
Department of Environment
Narrative
Date:09-21-04
Time:4:OOp.m.-5:30p.m.
Site:4724
W. Harrison St.
Investigators: L.
Robertson
Site Code:0136255211
County: Cook-Chicago
In
Summary:
Investigator monitored the above site address for fly
dumping and illegal transfer station activity.
History :The above address was cited for the same illegal activity on
05-0-03.
•
The owner ofthe site is Mr. Dukatt/866-441-2222/773-227-6500.
•
At the time of my surveillance I observed a truck logo as AAA Dollar
disposal unloading garbage from the truck into the above site.
See
photo 6&8.
•
Also during my inspection ofthe interior and exterior ofthe site I
observed dumped construction waste debris approximately
100
cubic
yards.
•
I issued two N.O.V.
to the driver later ID’s as Wojciech
L. Wiacek
for the following Municipal and State code violations.
11-4-250,11-4-
1500,7-28-080,& 7-28-440. The hearing date is pending for 10-28-04
See the attachments
vt)
~
...,
_....,
~
~
—
~
~
~
of
—
8
,‘..
Lpc #0316255211
09-21-04
4724-50
W. HARRISONST.
STATE APPARENT VIOLATIONS
21(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 ORALLOW 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.
55(a)
No Person
Shall: CAUSE OR ALLOW OPEN DUMPING OF ANY USED
OR WASTE TIRE.
~4~E
CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
PHOTOGRAPHS
Time:4
:OOP.m.-5:30p.m.
Investigator:
L.
Robertson
County:
Cook-Chicago
Date:09-21-04
Site:4724-50 W. Harrison St.
Site code:0136255211
Roll#7795Photo#.i.DireCtiofl
SW.
Comments:
Photo
of.the above site
address, looking at dumped concrete stone
near the fence of the site.
Roll#
7795
Photo#2
Direction
SE
Comments:
Interior view
of
yard area looking at bric1~anddumped tires near gate.
CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
PHOTOGRAPHS
Date:09-21-04
Site:4724-50
W. Harrison St.
Site code:013625521 1
Time:4:OOP.m.-5:30p.m.
Investigator:
L.
Robertson
County:
Cook-Chicago
Roll#779
5
Photo#3
Direction SW.
Comments: Photo of the above
Site address, looking at dumped construction waste
debris on
the site.
Comments: Interior
view of
yard area looking at bricks dumped on the site.
—
.
.
—
.r
—.
.
•.
—
.
~,—
—
-
.~.
.-
.
.
.-
-.
:~-.
~
,~,
...
Roll#
7795
Photo#~fDjrectjonSE
CITY OF CHICAGO
DEPARTMENT
OF ENVIRONMENT
PHOTOGRAPHS
Date:09-21-04
Site:4724-50 W.
Harrison St.
Site code:0136255211
debris on the site.
Time:4:OOP.m.-5:30p.rn.
Investigator:
L. Robertson
County:
Cook-Chicago
Roll#
7795
Photo#6
Direction N
Comments: Interior view of yard area looking at unloading of garbage loaded
Roll#7795Photo#5
Direction
SW.
Comments: Photo ofthe above site address, look:
boxes.
CITY
OF CHICAGO
DEPARTMENT
OF ENVIRONMENT
PHOTOGRAPHS
Date:09-21-04
Site:4724-50 W. Harrison St.
Site code:0136255211
Roll#7795Photo#7
Direction
SW.
Comments: Photo ofthe~
ram water.
1
I’
Roll#
7795
Photo#8
L
~..
Comments:
Interior view ofyard area looking at unloading of
Time:4:OOF.m.-5:30p.m.
Investigator:
L.
Robertson
County:
Cook-Chicago
L
boxes.
