City
of
CLicago
Riellard
11.
Dale!,
Mayor
1-he I lonc~rablc 1)orotii); Ci~lnn. Clerk
Illinois I'ollution Control Uoai-d
James
K.
'i'hompsoti Center
100 Vlrest Randolpli Street
S~~ite
I 1-500
Chicago.
11.
60601
Re:
City of Chicago 13epartmcnt ofI:n\.iro~iinent
\:
Mr. 13uIt's Inc.
Site Code: 01 36005603
Dear Clerk
Gu1111:
Irncloscd for electronic filing with the llliilois I'olitttion Control Huastl
is an Admiitistrati\.e Citation issticd to the abol-e-refercilcecl
Rcspondeut. with a Notice of 1:iling.
011 this date. the City of Chicago 1)cpar-tmcnt oi' I:n\ironment
("CIIOI?"). tlll.ough its agent. will scrx this !\dniinistrati\.c C'itaiion
upon the Kesporrdcnt, As so011 as I receive the allidnvit ofsi.r~ice.
1
nil1 pro~liptiy tile a cop); with you. for the purpose ofcnterirrg a tlcihult
juclgenlznt in the event Respondeiit ljils or elects not to file :I petitio~i
k)r review contesting the Administrative Citation.
If you have an); questions or concerns. please coriiact me at
(-3
12) 713-
7235.
Johif1:. KIT].
C
ff.
\,IM
~&ctor of ill\-cstigations
f
$DOI: Permitting atid t:nli>rceinent Ilivision
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2006
* * * * * * AC 2007-013 * * * * *
I3EFORE. THE ILLINOIS POLLUTION CONTROL BOARI)
\
MR RUl. 1 'S. INC
1
Sitc Codc: 031600560:;
NOTICE OF FII,ING
I'1,llhSE TAKE NO.I'ICE that on
'j/b/
CL
,:
lve catiscd thc attaclied Adrni~iistrati\e
Citation to hc filed \,it11 the Clerk of tile llli~iois Pollution Control 13oard.
CITY
01:
CIIICAGO
DEPARTMENT OF I!NVIRONMENI
L
CIIOE Permitting and Enforcement Dl\ ision
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2006
* * * * * * AC 2007-013 * * * * *
BEITORE TIJE ILLINOIS POLLUTION CONTROL BOAliD
CITY OF CIIICAGO DEPARTMENT
)
OF ENVIRONM1:NT1
1
1
(:omplainant.
1
1
Site ('ode: 03 16005603
\'.
)
r\c
. ....
I
MI<.
I3UI.TS. INC.
1
)
Respondent.
)
ADMINISTRATIVI; CITATION
Violation:
415 lLCS 5/21(p)(l)
CiviI Penalty:
S1,500.00
Facts
For this Adininistrative Citation to Mr. Bult's. Inc. ('13ult's"), the ('it!. of Chicago
Department of Environment ("CDOE") states as Sollows:
I.
Coi1;plainant. CDOE. is a unit of local government to v-liicll the Illinois
Cnvironmciltal Protectioii Agency has delegated authority to issue adri~iilistmti\:e citations
pursuant to
Scctioii
3(r)
oi'thc Iliiilois t3nviroi11nental Protection Act ("Act").
11
5
II.CS
5/1(1-)
(2001). CDOE is tiius a -'delegated unit" and may issue administrative citations ui~cicr
35
111.
!\dm. Codc 105.200.
2.
Respoi~dcilt Uuit's is ail Illinois corporation doing busincss in Cook C:o\ii~ty.
Illiiiois. Bult's operates a waste hauliilg company that transfers hvastc fro111 Liberty Waste
iransi'cr Station locatcd at 2040 E. 106"' Street. Chicago. Illinois. The registcrcd agent
Ibl-
i3iilt.s
is Ms. Penrl Bulr.
3.
On July 17. 2006 at approximately 524 p.m.. while rnoiiitoi.ing thc exit oS1.ibiti-ty
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2006
* * * * * * AC 2007-013 * * * * *
Waste 'I~rai1sSer Stttion. CUOI- en\:ironmwtal inspector 1:red Iiosc~~ia~~
\v:triesscd a 11-LICI; lcii\iiig
the facility and wit!lcsscd litter. dust and dirt being blowii fro111 tkc truck'> trailer.. 'I'lie tritcl<'s
trailer was not tarped.
4.
Mr. Rosc~nan observed that MRI and #982 were markcd on tlic door of tlic truck.
and the truck trailcr was iiiarkcd #63O and had license plate
#
I')9070S"f.
ii
copy of Mr.
Roseman's report and his afiidanvit are attached and madc part of this Adminislrative Citation.
2.
MU1 is an acronqm Sir h4r Rult's, Inc
6.
Based upon direct observations niade by Mr. Roseinan duriiig tlic course oSliis
inspections. CDOE has detcnnined that Respondeilt violated thc Act. Respondent caused 01-
allowed tlx open duniping of waste in a manner rcsiilting in litter, in violatiori of Section
21(p)(l) ofthc Act. 4 15 I1,CS 5121 (p)(l) (2005).
7.
Based upon the foregoing facts: under Section 42(b)(4-5) of the Act. 41
5
IJ.CS
5/42(b)(l-5) (2004). Iiespondcnt is subject lo a ci\,il penalty of One l'liousaitti Five H~iiiclrcc~
Dollars ($1.500.00) Tor the violation identified above. Sor a total civil penally
of-One Thousantl
Five Hundred 1)ollars (Sl,500).
Notices and Instructions to Iiespondent
1.
You must pay the civil penalty set forth above unless you contest this
Administrative Citation.
The foliowing paragraphs contain payment inslr~ictions and 111orc
information about contesting this Adn1inistrative Citation.
2.
l'o pay the civil penalty (and any other amounts due) send a check or money
order, payable to thc City of Chicago. to:
City
of'C11icago 1)epartmetlt of' Environmcni
Pes~t~itting
and Enforcement Divisiol?
30 North LaSalle Stieet
Suite 2500
Chicago. Illinois 60602
Fo CIISLI~C tlint you rccci\:e timely arid propcr credit Sor your payment. colnplcte a Reminancc
1:orln (sec ICxhibit
-3.
attached) and include it with your payment.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2006
* * * * * * AC 2007-013 * * * * *
3.
Yor may contest this i\dministrative Citation by filing a Prtition for Revicxv.
i~icltiding a I\;oticc of Filing. Certificate of Service: and Appearance. \vith the Slliiiois Pollution
Control Board
(-'Board").
4.
Any Petition for Review must be filed within thit-5-five (35) days of the date
of
sen~ice 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.
I'hc Petition for Rcvic\+- must he filed n;ith:
Clerk of thc Illinois Pollution Coiltrol Board
Jarncs R. Tho~npson Center
100 West Randolph Street
Suite
1 1-500
Chicago. Illinois 60601
A copy of the I'ctition for Review must be served 0x1 CDOE. at the folio\\-ing address:
City of Chicago
Ilcpai~mcnt of Environilient
I'ermitting and Enforcement Division
30 North LaSalle Street
Suite
2500
Chicago. Illinois 60602
6.
The contents of a Petition for Rcvicxv and the procedures to he iollo\vccl arc
govcrncd by the Board's procedural rules. Copies may bc obtai~ied l?om the Clerk of tllc Board
at the address above. by calling the Board
at (3 12) 81 4-3620. or from the 13oard's b~cb site at:
7.
If you do not contest this Administrative Citation by filing a petition Ibr review
\\,,it11 the Board within the allotted time. the Board will enter an order tinding that you cominittcd
the violations alleged above and i~ilposing the statutory civil penalty set forth above. Scc Section
3
I. l(d) of the Act. 41
5
ILCS 5131 .l(d) (2005). and
35
Ill. Adtii. Code 108.500(a).
8.
IS yoti contest this Admii~istrativc Citation by iili~lg a timely petition for rc\:ie~~
with the Uoard. tbc Board \\.ill hold a hearing. 'l'he Iloard's procedural rules have n101.e
informatioil on hearings; see 35 Ill. Adm. Code Parts 101 and 108.
9.
If tlie Board fi11ds after the hearing that yoii co~llrilittzd a violation as allegcd
at~o~e.
you will bc assessed the hearing costs iiicurrcd by CDOI: and the 1:oarti. 1 leaving costs
are assessed
in additioil to the statutory civil penalty lor the \;iolations. Ii the Roarcl li~ids aStcr
the hexing that yo11 did not conilllit a violation as alleged above. or that tlic violatio~~
resulted
fionl ~incontrollablc circumstanccs. you nil1 not be assessed hearing costs and ~ou
\\111 not hale
to pay a civil penalty.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2006
* * * * * * AC 2007-013 * * * * *
10.
If any civil penally and/or hearing costs are not paid within Ihc time set by the
Board in its final orcier. interest on the anlount due will he assesscd against you from the date
payment is due and including the date that payment is rcccived.
I I.
If any civil penalty and/or hcaring costs arc not paid \\ithin tlic tiiile set by tiic
I3oard in its final orcier. riic Office orthc Illinois Attor~~ey
General and/or the City of (~Iiicago
Dcpai.tmeii1 of Law may initiate court proceedings against you to collccl tllc aluount duc. plus
any is~tercst accrued. In that event you may also be liable lor court costs.
CI'I'Y
01:
CIIICAGO
"
"
4.
-
3
Daf
:
# ',," ,$ .*-
By:
Commissioner
Departmcnt of ITnl iror?mcnt
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2006
* * * * * * AC 2007-013 * * * * *
BEFUIiE TFIE ILLINOIS POL1,I;TION CONTROL BOAR11
CITY OF CI-IICAGO DEI'ARTMENI'
1
OF ENVIRONMPV":':
1
)
Complainant,
1
1
Sitc Code: 03 16005603
v.
1
C
......
1
MI<. RUI>?"S. INC.
1
)
Respondent.
)
State of Illinois
)
1
ss
Count\ of Cook
)
Affiant. Fred Roseman. being duly sworn. voluntarily deposes and states as follo~vs:
1.
At all times relevant to the above-captioned Administrative (:itation. Affia~it was
employed as an enviro~u~iental
illspector by the City of Chicago Department of Environment.
2.
011 July 17. 2006 between 5:OO p~n
and 6:30 pm, Affiant \\-as monitoi-ing tbic cvit
to Liberty Waste Transkr Station. located at 2040
1:.
106"' Street. Chicago. Illinois.
"
2.
Wrhile monitoring the exit to the site. Affiant saw litter blow from ail MRI trucit
trailer that contained ~nunicipal wastc. The truck's trailer was not tarpcd.
4.
In connectioa with this inspection and subsequent conversation. Afliant
completed tile Inspection Rcpor? appeiided to and ~iladc part of thc above-ccptioiled
/\dministrative Citation, ~vliicli is an accurate record of Affiant's obscrvatioils and factual
conclusions
~vitli res?ect to this site.
/
Fred Roseman
S~ibscribed a~id s~\or
This
5%
da) of
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2006
* * * * * * AC 2007-013 * * * * *
BEFORE THE ILLINOIS PO1,LUTION CONTROI, BOARD
CITY
01:
CHICAGO DEPARTMENT
1
OF T.N\'IROh'MEPI;T.
1
1
Complainant.
)
1
Sitc Code: 03 16005603
Y.
1
AC
~. .
)
MR. UULTS.
MC:.
1
1
Respondent.
1
REMITTANCE FORM
lACII.ITY/PROPI~K'TY:
SITE CODE:
0316485103
COLIN":
Coolc
CIVIL PENAI-TY: Sl.500.00
DATE OP INSPL:(:TION: 0711 712006
DATE KI3MITTED:
--
.-
Signature:
.-
FEIK1SSN:
Print Namc:
Title:
-
Instructions
Enter thc date of your remittance. your Federal Employee Idcntificaiion N~umher (l:11lU)
(or social security illi~libcr (SSN) if an individual) and sign this Rc~iiittailc.: I'orm. Print the namc
oi'ilie pel.soil signing this rcillitta~lcc Forin and that person's title. if applicable. Se~ld your check
(payable to City
of Chicago) along with Rcmittancc Form to:
City of Chicago
Departmcilt oi'l~nvironmcnt
I'crlliitting and I<ilforce~lient
Division
30
Nortll LaSailc Street
Suite 2500
Chicago.
IL 60602
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2006
* * * * * * AC 2007-013 * * * * *
CITY OF CHICAGO
@
DEPARTMENT OF ENVIRONMENT
I!
PERMITTING AND ENFORCEMENT
'..
NARRATIVE EVALUATION
INSPECTION DATE: 07-17-06
TIME: 5-6:30 Y\I
SITE NAME: Liberty Waste (Calumet)
EMPLOYEE: Roset~tan
SITE CODE: 0316005603
SITE
,\DDRESS: 2040 E. 106'h St
COUNTY: Cook
1
Chicago
-
SU\lMARY
Site: Transfer station monitored due to previous violations, including loaded transfer vehicles leaving the facility
without tarped trailers. This was a
permit violation and had previously been documented to cause litter to exit trailers
in transit on the public way.
Current conditions: At the facility
entranceiexit, I watched outbound refuse vehicle traffic. At approx. 5:34 PM, MBI
truck 11982 (trailer 11 630, trailer license #199970ST) exited the facility and it was visibly not tarped. Trailer contents
were visible, protruding
&om the trailer top. The vehicle proceeded southbound on Stony Island Av. I began driving
behind the vehicle and, within seconds, observed waste (paper)
material becoming windborne and exiting the trailer. I
also heard the sound of dirt, sand, or some similar substance striking my windshield. At no time did the driver stop to
tarp the trailer.
This constituted a violation
ofthe Facility's DOE transfer station operating pennit, special condition #32 (sealing or
tarping of transfer vehicles) and of MCC 11-4-770 Handling of materials susceptible to become windbome.
NOV E00009083 13 (for the Code violation) to be mailed to the Facility. AH:09121106.
Report Completed
?
NOV lssned
?
YES
=NO
Investigation Closed
? I*/
YES
0
NO
Attrchnlmts
?
RYES ON0
Referred To:
-
Administrative Hearings
1%
Fred Rosemall
an fmployee of
the
City of Chirugo, Department of Environment,
declare
tltat I have conducted
an
itlspection
of
ttte ahorc mentioned property
~~
~
on the date itrdiented.
1
furtller declare that the
obserrittions set
forth on the report are tnre
arsd accurate.
77
Star
#
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2006
* * * * * * AC 2007-013 * * * * *
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2006
* * * * * * AC 2007-013 * * * * *
CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
PHOTOGRAPHS
Date:
07-17-06
Time: 5-6:30 PM
Site:
2040 E. 106'h St.
/
Liberty Waste (Calumet)
Inspectorr Roseman
Site Code: 0316005603
Count?;: Cook
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2006
* * * * * * AC 2007-013 * * * * *
CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
PHOTOGRAPHS
Date: 07-17-06
Time: 5-6:30 PM
Site: 2040 E. 106"' St.
/
Liberty Waste (CaIumet)
Inspector: Roseman
Site Code: 0316005603
County: Cook
photo
#
d
Direction
3
comments:
~Lik8
idChahlid$~t(lhl
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2006
* * * * * * AC 2007-013 * * * * *