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City’s Inconsistent Enforcement of Contractor Environmental Regulations Identified

Chicago rarely enforces environmental regulations for city contractors, according to a new report released last month. Neighbors for Environmental Justice (N4EJ) released their second report, titled “Paid to Pollute,” on October 1, shedding light on the lax monitoring of environmental violations by the city department responsible for government contracts. The report reveals a concerning lack of consequences for companies that violate regulations, raising questions about the city’s commitment to environmental protection.

Community members in N4EJ have a personal stake in city compliance. The group formed in 2018 in the McKinley Park neighborhood in response to concerns about MAT Asphalt, a company holding significant city contracts, building a facility near schools and homes. Anthony Moser, a member of N4EJ, shared his experience of waking up to the smell of asphalt emissions from the plant and worrying about his children’s health as they walked through the nearby park. These personal stories highlight the urgent need for stricter enforcement of environmental regulations to protect public health.

City data reveals that despite requirements for companies to report environmental violations since 2014, the Department of Law has no records of such claims being reported. This is alarming considering that major city asphalt contractors like Reliable Asphalt, Ogden Materials, and MAT Asphalt have received multiple citations in recent years. These companies were awarded contracts totaling over $383 million for city work in 2023, indicating a significant oversight in monitoring contractor compliance with environmental laws.

The lack of consequences for violating regulations is a major concern raised in the report. Failure to report suspected violations constitutes a breach of contract, yet the Department of Procurement Services (DPS) has no record of canceling contracts or barring vendors for any reason. This highlights a systemic issue where regulations exist on paper but lack meaningful enforcement mechanisms to ensure compliance.

In response to N4EJ’s report, Sharla Roberts, the city’s chief procurement officer, has pledged to enhance oversight of vendor performance on contracts to address potential public health risks. However, this commitment comes after the DPS declined a recommendation from the Chicago Office of Inspector General to bar a vendor for fraudulent practices, raising questions about the effectiveness of current enforcement measures.

Moving forward, N4EJ members plan to raise their concerns at the City Council’s hearing on the DPS’s proposed 2025 fiscal year budget. They advocate for mandatory environmental reviews of contractors and stricter documentation requirements to assess the environmental impact of projects. The goal is not only to enforce existing standards but also to prioritize community health over economic interests in city contracting decisions.

The release of the “Paid to Pollute” report underscores the urgent need for stronger enforcement of environmental regulations in Chicago. As community members and advocates continue to push for change, the city faces a critical juncture in balancing economic development with environmental protection. The stories shared by N4EJ members serve as a reminder of the human impact of lax enforcement and the importance of prioritizing public health in decision-making processes.