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File #: 24-0796    Version: 1
Type: Agenda Item Status: Adopted
File created: 9/6/2024 In control: Judiciary Committee
On agenda: 9/19/2024 Final action: 9/19/2024
Title: Authority to settle Show Cause Complaint filed in Metropolitan Water Reclamation District of Greater Chicago v. City of Harvey and National Carriers of America, Inc., Case No. 22B-005

TRANSMITTAL LETTER FOR BOARD MEETING OF SEPTEMBER 19, 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 Harvey and National Carriers of America, Inc., Case No. 22B-005

Body

 

Dear Sir:

 

National Carriers of America, Inc. (“National Carriers”) owns and is in possession of property located at 16901 Lathrop Avenue in Harvey, Illinois (“Site”). On December 7, 2022, the District filed a Show Cause Complaint against National Carriers for violating the District’s Watershed Management Ordinance (“WMO”), specifically alleging that National Carriers developed the Site without a WMO permit and failed to provide the requisite runoff and volume control. As part of its Complaint, the District also sought the imposition of civil penalties under Section 1204.8 of the WMO.

 

In response, National Carriers has now submitted the required permit and agreed to a proposed Settlement Agreement which obligates National carriers to fully comply with the WMO and pay $3,500 in civil penalties. The District’s Engineering and Law Departments worked closely on the Settlement Agreement and agree that the $3,500 in civil penalties fairly compensates the District for its time and expenses related to this matter.

 

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. City of Harvey and National Carriers of America, Inc., Case No. 22B-005 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 September 19, 2024