BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
CEIVEb
CITY OF
CHiCAGO
)
S
OFF1C
DEPARTMENT
OF ENVIRONMENT,
)
TA-rEQ
Complainant,
)
olluj
co,4-!NOis
v.
)
AC08-17
)
CRYSTAL
IL
98,
L.L.C.,
)
)
Respondent.
)
STIPULATION OF
SETTLEMENT
AND DISMISSAL
OF
RESPONDENT’S
PETITION
FOR
ADMINISTRATIVE
REVIEW
The Complainant,
the
City
of Chicago
Department
of Environment
(“CDOE”),
by
its
attorney,
Mara
S.
Georges,
Corporation
Counsel,
and the
Respondent,
Crystal
IL
98,
L.L.C.
(“Crystal”),
by
its attorney,
Glenn
C. Sechen,
hereby
enter
into
this “Stipulation
of
Settlement
and Dismissal
of
Respondent’s
Petition
for
Administrative
Review”
(“Agreement”),
and request
that the
Board enter
an order
consistent
with the
terms
of this
Agreement.
In support
of this
request,
the
parties
respectfully
state
as
follows:
1.
On
December
27, 2007,
Leonard Casken,
a
CDOE
inspector,
conducted
an
inspection
of
a facility operated
by
Crystal.
The
facility
is
located
at 1300 West
35th
Street
in
Chicago,
Cook
County,
Illinois.
2.
On or
about
February
20, 2008,
CDOE served
Crystal
with
an
administrative
citation,
alleging
therein
that
Crystal
had
caused
or allowed
open
dumping
at its
facility,
in
a
manner
which
resulted
in
the following
occurrences:
(1)
litter, in violation
of
Section
2l(p)(l)
of
the
Act, 415 ILCS
5/21Q)(1);
(2) deposition
of
waste
in
standing or
flowing waters,
in violation
of
Section
21 (p)(4) of
the
Act, 415
ILCS 5/21
(p)(4);
and (3)
deposition
of general
construction
and
demolition
debris,
in
violation
of
Section
21 (p)(7)(i)
of the Act,
415 ILCS
5/21 (p)(7)(i).
1851
2510056/753080/Version
#:.2
3.
On or about
March 27, 2008,
Crystal filed a Petition
for
Review
contesting
the
administrative
citation.
4.
In an effort
to resolve
this matter
without the need for a
hearing,
and
as a
full
and
final
resolution
of the matters
addressed in this
administrative
citation, the parties
have engaged
in settlement negotiations
and have
reached this
Agreement and hereby
tender it to the
Board for
approval, the terms
and
conditions
of which are as
follows:
a.
Crystal
contends
that while its
facility was closed for
the Holidays,
substantial
amounts
of
material
was
deposited
in and
around
its
dumpsters by
persons or
persons
unknown.
That material
was
blown
about
by
the
wind,
some of it landing
in the
adjacent
waterway.
To that extent,
Crystal
caused
or
allowed open
dumping
resulting in
litter, in
violation
of Section 2l(p)(l)
of the Act,
415 ILCS
5/21Q)(1),
and deposition of
waste in standing
or flowing waters, in
violation
of
415
ILCS 5/21
(p)(4),
and
agrees to pay the
statutory
civil
penalty
of
$3,000.00
pursuant to
415 ILCS
5/42(b)(4-5).
Crystal
makes
no
other
representation or
admission
of any fact or
circumstance
in connection with this
matter.
b.
Crystal
agrees to
pay the statutory
civil penalty within
thirty
(30)
days of
entry of
the final order
in this case.
c.
Crystal agrees
to diligently
comply with, and
shall
cease and
desist
from further
violation
of the Act,
415 ILCS 5/1 et seq.,
and the Board’s rules
and
regulations,
35 Ill.
Adm. Code Subtitles
A
through
H.
d.
Crystal agrees to erect
a
permanent
fence along
the
perimeter
of its
facility,
or
otherwise
located so
as to prevent
debris
from
its facility
being blown
into the
Chicago
River,
by
no later than thirty
(30) days
after
entry
of the final
order in
2
this
case.
e.
In
consideration
of Crystal’s cooperation
regarding
the
violations
of
415
ILCS
5/21Q,)(l)
and
(4),
Crystal
having
cleaned
up
the
litter
at
its
facility
underlying
the
violation
of415
ILCS
5/2l(p)(l),
and
Crystal’s
agreement to
pay
the penalty
and
to erect
a
fence
as
described
above,
CDOE
agrees
to
dismiss
its citation
with
respect
to
the
alleged
violation
of
415
ILCS
5/21(p)(7)(i).
f.
Contingent
upon
the
Board’s
acceptance
and
adoption
of the
terms
and
conditions
of
this
Agreement,
Crystal’s
petition
for
review
shall
be
dismissed.
‘WHEREFORE,
the
parties
request
that
the
Board
accept
this
Agreement
and
issue
an
order
consistent
with
its
terms
and
conditions.
Respectfully submitted,
CHICAGO
DEPARTMENT
OF
ENVIRONMENT
Mara
S.
Georges
Corporation
Counsel
for
the
City
of Chicago
By:
aries
A.
King
Assistant
Corporation
Counse
CRYST
IL
98, L.L.C.
Glenn
C.
Sechen
Attorney
Mara
S.
Georges
Corporation
Counsel
Karen
M.
Coppa
Chief
Assistant
Corporation
Counsel
Charles
A.
King
3
Assistant
Corporation
Counsel
Chicago
Department
of Law
30 N.
LaSalle St.,
Suite 900
Chicago, IL
60602
(312)
742-0330
4
