TRANSMITTAL LETTER FOR BOARD MEETING OF FEBRUARY 21, 2008
COMMITTEE ON JUDICIARY
Mr. Richard Lanyon, General Superintendent
Title
Approval of Agreed Order of Settlement entered on January 18, 2008 in Metropolitan Water Reclamation District of Greater Chicago v. Steve Foley Cadillac, Inc., et al., Violation Complaint No. 20060012
Body
Dear Sir:
The District initiated the above referenced enforcement proceedings with the Board of Commissioners to address the ongoing violations occurring at 100 Skokie Boulevard (“subject property”) of the Sewer Permit Ordinance and Manual of Procedures for the Administration of the Sewer Permit Ordinance. In its Show Cause Complaint against respondent Steve Foley Cadillac, Inc. (“Steve Foley”), and the other named-respondents, the District alleged that they constructed and maintained a sewer at the subject property without: a) obtaining a permit from the District; b) having the sewer inspected, tested, and approved by the District; and c) providing adequate stormwater detention.
On January 18, 2008, the District and Steve Foley entered into an Agreed Order of Settlement that was approved by the assigned hearing officer, thereby resolving the matter subject to the Board of Commissioners’ final approval. Under the terms of the Agreed Order, Steve Foley is required to correct each of the violations alleged in the Show Cause Complaint no later than May 30, 2008. Failure to do so will result in the imposition of a fine in the amount of $1,000 for each day that the work is not completed, beginning on June 1, 2008. Steve Foley is also obligated to reimburse the District for the costs that the District expended in prosecuting this matter. A check from Steve Foley in the amount of $3,993.25 is presently being held by the Law Department pending Board approval of the Agreed Order of Settlement.
Accordingly, it is requested that the General Superintendent recommend that the Board of Commissioners issue a Board Order approving and adopting the assigned hearing officer’s Agreed Order of Settlement dated January 18, 2008, in the enforcement action entitled Metropolitan Water Reclamation District of Greater Chicago v. Steve Foley Cadillac, Inc., et al., Violation Complaint No. 20060012.
Requested, Frederick M. Feldman, Attorney, FMF:RMH:CMM
Respectfully Submitted, Terrence J. O’Brien, Chairman Committee on Judiciary
ORDERED passed by affirmative roll call vote of a majority of the Commissioners present this February 21, 2008. Approved, President Terrence J. O’Brien