TRANSMITTAL LETTER FOR BOARD MEETING OF APRIL 4, 2024
COMMITTEE ON JUDICIARY
Mr. Brian A. Perkovich, Executive Director
Title
Authority to settle Show Cause Complaint filed in Metropolitan Water Reclamation District of Greater Chicago v. City of Blue Island, Decker Bros. Construction, Inc., and Heritage County Bank and Trust Company, as Trustee under Trust #1562, Case No. 23B-003
Body
Dear Sir:
Decker Bros. Construction, Inc., and Heritage County Bank and Trust Company, as Trustee under Trust #1562, (“Decker Bros.”) own and are in possession of property located at 12251 S. Homan Avenue, Blue Island, Illinois (“Site”).
On January 27, 2020, the District issued a Notice of Violation (“NOV”) and informed Decker Bros. and the City of Blue Island (“Blue Island”) that recent development activities on the Site (“Development”) required Decker Bros. to obtain a Watershed Management Permit under the District’s Watershed Management Ordinance (“WMO”).
On June 5, 2023, the District filed a Show Cause Complaint against Decker Bros. and Blue Island based on the violations asserted in the NOV and requested the imposition of civil penalties under Sections 1204.8 of the WMO.
On July 11, 2023, Decker Bros. submitted the required permit to MWRD. On November 17, 2023, at the initial pre-hearing conference before a Board-designated Hearing Officer, the District advised Decker Bros. that the permit was being reviewed, and once accepted the only outstanding issue would be penalties.
Following the pre-hearing conference, the District and Decker Bros. reached a proposed Settlement Agreement (“Agreement”). Under the Agreement, Decker Bros. agrees to pay, within 30 days after Board approval of the Agreement, $3,500 in civil penalties for the violations set out in the Show Cause Complaint.
The District’s Engineering and Law Departments worked closely to effectuate the settlement to fairly compensate the MWRD for its time and expenses related to this matter. It was determined that $3,500, paid as penalties by Decker Bros., was a fair and accurate settlement. The Engineering Department agrees with the final settlement.
Accordingly, the General Counsel respectfully requests that the Board of Commissioners authorize a settlement of the Show Cause Complaint filed in Metropolitan Water Reclamation District of Greater Chicago v. The City of Blue Island, Decker Bros. Construction, Inc., and Heritage County Bank and Trust Company, as Trustee under Trust #1562, Case No. 23B-003 and to authorize the General Counsel to execute all other documents necessary in furtherance thereof.
Requested, Susan T. Morakalis, General Counsel, STM:JTM:RL:nl
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for April 4, 2024