TRANSMITTAL LETTER FOR BOARD MEETING OF NOVEMBER 19, 2015
COMMITTEE ON JUDICIARY
Mr. David St. Pierre, Executive Director
Title
Request for Order approving and adopting Hearing Officer’s Report Consisting of Findings of Fact, Conclusions of Law, and Order, Following Expedited Hearing to the Board of Commissioners in the matter of Metropolitan Water Reclamation District of Greater Chicago v. DeNormandie Towel & Linen Supply Company a/k/a DeNormandie Towel & Linen, Inc., Enforcement Action No. 91652
Body
Dear Sir:
DeNormandie Towel & Linen Supply Company a/k/a DeNormandie Towel & Linen, Inc. (“DeNormandie”) operates a commercial laundry facility located at 7780 South Dante Avenue, Chicago, Illinois. DeNormandie is classified as a Significant Industrial User under the Metropolitan Water Reclamation District of Greater Chicago’s (“District”) Sewage and Waste Control Ordinance (“S&WCO”) and is subject to the terms and conditions of Industrial User Discharge Authorization No. 15912-6 and the S&WCO.
On July 2, 2015, the District filed a Verified Show Cause Complaint against DeNormandie seeking the revocation of DeNormandie’s Industrial User Discharge Authorization (“DA”) arising out of alleged violations of the S&WCO and/or DeNormandie’s DA. Specifically, the Complaint alleged that DeNormandie failed to pay its outstanding User Charges for 2010 through 2014 and 2015 year-to-date in the approximate amount of $267,509.31 in violation of the S&WCO and/or DeNormandie’s DA. Previous attempts to contact DeNormandie and resolve DeNormandie’s outstanding User Charge liability were unsuccessful. On October 24, 2014, the District filed a collection lawsuit in the Circuit Court of Cook County that resulted in the entry of a default judgment against DeNormandie on January 29, 2015 in the amount of $234,378.92 that remains unsatisfied thereby giving rise to a Show Cause action.
The District caused the Verified Show Cause Complaint, Notice of Pre-Hearing Conference setting the matter for July 30, 2015 before Hearing Officer Franklin A. Abel, Jr., and Rules Governing the Proceedings, Assessment of Civil Penalties, and Issuance of Orders Under the Sewage and Waste Control Ordinance, to be served upon DeNormandie. DeNormandie failed to attend the Pre-Hearing Conference on July 30, 2015 and on September 25, 2015, Hearing Officer Abel issued a Report Consisting of Findings of Fact, Conclusions of Law, and Order in this matter wherein it was recommended that the District’s Board of Commissioners enter a Board Order finding DeNormandie to be in violation of the S&WCO and its DA and revoking DeNormandie’s DA, including prohibiting DeNormandie from causing or allowing the discharge of any process wastewater into any sewerage system under the District’s jurisdiction. The Board of Commissioners approved the Hearing Officer’s Report at the Board Meeting of October 15, 2015 and DeNormandie was immediately advised that the Board of Commissioners’ action approving the revocation of DeNormandie’s DA and prohibiting the discharge of any process wastewater into any sewerage system under the District’s jurisdiction constituted the Final Order of the Board of Commissioners.
Thereafter, multiple inspections of DeNormandie’s facility by District personnel revealed that DeNormandie continues to discharge process wastewater to a sewer under the District’s jurisdiction in violation of the Final Order of the Board of Commissioners. On November 3, 2015, the Executive Director notified DeNormandie that it is in violation of the Final Order of the Board of Commissioners and ordered that an expedited hearing be held on November 13, 2015 for the purpose of determining whether DeNormandie has violated the Final Order. DeNormandie failed to attend the expedited hearing.
The Law Department requests that the Board of Commissioners approve and adopt the attached Hearing Officer’s Report Consisting of Findings of Fact, Conclusions of Law, and Order, Following Expedited Hearing, including the plugging of DeNormandie’s sewer(s) such that process wastewater shall not be discharged into any sewerage system under the District’s jurisdiction, as and for the Final Order of the Board of Commissioners.
Requested, Ronald M. Hill, General Counsel, RMH:LLD:JJZ:crb
Recommended, Dr. Thomas C. Granato, Director of Monitoring and Research
Respectfully Submitted, Mariyana T. Spyropoulos, Chairman Committee on Judiciary
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for November 19, 2015
Attachment