TRANSMITTAL LETTER FOR BOARD MEETING OF JANUARY 23, 2025
COMMITTEE ON JUDICIARY
Mr. Brian A. Perkovich, Executive Director
Title
Request for Order approving and adopting the Hearing Officer’s Report consisting of a Memorandum and Order in the administrative appeal of Nutripack, LLC v. Metropolitan Water Reclamation District of Greater Chicago, Appeal No. 23B-008
Body
Dear Sir:
On October 24, 2023, Nutripack, LLC (“Nutripack”) filed an administrative appeal seeking to rescind Notice of Noncompliance 98025 (“NON”) issued by the District on August 1, 2023, and the associated Noncompliance Enforcement Charge (“NCE”) in the amount of $2,500.00 assessed pursuant to the District’s Sewage and Waste Control Ordinance (“Ordinance”).
By way of background, the District conducted a sampling study of Nutripack’s facility located at 2210 West 162nd Street in Markham, Illinois, for the 5-day period of June 5-9, 2023, including daily samples of Fats, Oils and Greases (“FOG”). The June 6th sample contained 278.7 mg/L of FOG, which exceeded the Ordinance’s local FOG limit of 250 mg/L, resulting in the issuance of the NON. On August 17, 2023, Nutripack requested a conference with the Director of Monitoring and Research (“M&R”) seeking to rescind the NON and the $2,500.00 NCE, and the conference was held on September 20, 2023. On October 6, 2023, the Director of M&R issued a written determination upholding the NON and the NCE, and on October 24, 2023, Nutripack requested an administrative hearing before an impartial hearing officer to appeal the Director of M&R’s written determination (“Board Appeal”). The Board Appeal was filed in a timely manner.
On January 17, 2024, a Prehearing Conference was held in the Board Appeal before the assigned Hearing Officer. When the matter was not resolved, the parties conducted written discovery. Because discovery showed there was no genuine issue of material fact, the District subsequently moved for summary judgment seeking to dismiss the appeal. The motion was fully briefed, then argued before the Hearing Officer on June 5, 2024. On December 18, 2024, the Hearing Officer submitted a Report consisting of a Memorandum and Order that granted the District’s motion, thereby dismissing the appeal and upholding the NON and the NCE.
Pursuant to Section IX(g) of the Rules Governing the Proceedings, Assessment of Civil Penalties, and Issuance of Orders Under the Sewage and Waste Control Ordinance of the Metropolitan Water Reclamation District of Greater Chicago, the Report consisting of a Memorandum and Order is hereby transmitted to the Board for approval.
Accordingly, it is hereby requested that the Board of Commissioners enter an Order approving and adopting the Hearing Officer’s Report consisting of a Memorandum and Order in the administrative appeal of Nutripack, LLC v. Metropolitan Water Reclamation District, Appeal No. 23B-008.
Requested, Susan T. Morakalis, General Counsel, STM:CMM:AOC
Recommended, Brian A. Perkovich, Executive Director
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for January 23, 2025
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