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by Ramona Smith, Daily News Staff WriterPOSTED: November 04, 1996

The Rev. Clifton Pettes finds strength in the Psalm that begins, ``I willlift up mine eyes unto the hills.''

But that's not what the North Philadelphia pastor had in mind when helifted up his eyes and saw dump trucks building a block­long hillside ofrubble near the Gospel of Deliverance Church.

``I was very concerned,'' says Pettes, ``because they were dumping sohigh ­ above all the people's fences.''

From mountains to foothills to sprawling piles of debris, Philadelphia isplagued with rubble trouble.

People looking for a cheap way to unload junk from construction anddemolition projects oftendump it on out­of­the­way lots ­ or throw itright in the street.

``We got about 10 tons of trash down here at 10th and Ontario,''neighbor Al Amodei complained recently. A front­end loader from theStreets Department scooped up household trash mixed with the dregsof demolition ­ old boards, charred wood, linoleum and concrete.

Back in North Philadelphia, the Rev. Pettes watched about a dozentrucks a day back onto an old railroad property off RooseveltBoulevard east of 6th Street, and dump demolition debris off the edgeof the slope.

``I have a Sunday school here and we're concerned about rats backthere,'' Pettes said. ``It was no more than four feet from me when theygot it stopped.''

The dumping stopped largely because Pettes went to the police,talked with the district attorney's office and testified in court.

But a year after it all started ­ and after several dumpers weresentenced on minor charges ­ the hill of demolition debris still risesalong more than a block of the old railroad bed.

``What are they going to do?'' Pettes asked.

``We're left with a dump there?''

Yes, they are left with a dump there ­ thousands of tons of concrete,wood, metal and other demolition rubble under a cover of dirt,according to legal papers filed by the prosecution.

The district attorney's office is still considering ``all available legalavenues'' it might take to get a cleanup, environmental prosecutorHarriet Brumberg said. But earlier this year, charges against the headof Railroad Recovery Inc., which owns the property, were thrown out ofcourt.

Nobody knows how much of the hundreds of thousands of tons of construction and demolition waste produced each year in thecity winds up on the back lots and in the streets.

And right now, law enforcement officials are losing patience with systematic dumpers who stand to gain financially from illegaldumping.

``We really are looking to target some of the bigger short­dumpers [illegal dumpers],'' said Deputy Police Commissioner RichardZappile.

Zappile said police and prosecutors want to move in on construction companies that use illegal shortcuts to get rid of debris.

``We're focused on several parts of the city, Southwest, East Division, West Philadelphia,'' Zappile said.

The dumping off the boulevard gives some hint of the economics, even though the convictions were for minor waste violations orfor creating a nuisance, rather than big­ticket dumping offenses, as the prosecution had sought.

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Operators of Railroad Recovery's fenced property charged $50 a load for the 20­ton trucks to dump there, according to an invoiceintroduced as evidence. Legal dumping at a landfill, however, could have cost up to 20 times that much, with the going ratelocally about $50 a ton.

It's unclear just how much stuff lies under the hill near the Gospel of Deliverance Church. One state waste expert figures it's tensof thousands of tons.

Alex Page, an enforcement official with the Department of Environmental Protection, joined city police when they swooped downon the site a year ago. He and a cop tailed a dump truck to the hillside from a low­income housing construction site 2 1/2 milesaway at 7th and Diamond streets.

Meanwhile, Officer David Johnson watched from a boulevard overpass as that truck ­ and others ­ entered a gate on AnnsburyStreet near 6th, then backed up the slope and dumped their loads into the railroad bed.

``This grade here was continually growing progressively with each dump . . . The push was toward the north, toward theboulevard,'' Johnson testified.

``If they hit the Roosevelt Boulevard, if they had finished the project, they would have a nice little ski chute?'' Municipal JudgeJames M. DeLeon asked.

``Yes, without question,'' Johnson agreed.

But the chain of responsibility and ownership was a complex one, and the prosecution's case ran into a legal wall.

Charges against Thomas Clauss, principal owner of Railroad Recovery, were thrown out of court, since there was no proof heactively participated in dumping.

His uncle, Michael Clauss, who operated the bulldozer, was convicted of causing a public nuisance and conspiracy, but not ofwaste violations. He was sentenced in September to a year's probation, 30 hours of community service, a $500 fine and $132costs.

Luis Cruz, who held the waste hauling contract for the 7th and Diamond site, was convicted of minor waste charges, as weretruck drivers Harry Woldsmit and Charles Walker.

Cruz was fined $1,000 and $132 costs and sentenced to 40 hours of community service. Woldsmit drew a year's probation, 40hours ofcommunity service and $132 costs. Walker was sentenced to 10 hours of community service and $500 fines and costs.

DeLeon issued no cleanup order, though. So the material still rises 15 to 25 feet out of the sunken rail bed, approaching the roofson some businesses along 6th Street.

``It's really high, it's like halfway up the building,'' said Yong Hong, manager of a belt and handbag manufacturing firm.

And Surendra Patel, who runs a grocery and appliance store, said he's been hurt by the ease with which intruders can jump fromthe slope down to his property. ``There were breakins at my property two or three times because of that,'' he said.

HOW YOU CAN HELP

If you run into a mountain of rubble, city enforcement agencies can use your help.

To catch a dumper, they need license plate numbers, dates and times ­ specifics to help them pin down what's going on.

If a mountain is growing in your neighborhood, call the police Environmental Response Unit at 215­686­3082 (8 a.m. to 6 p.m.) orthe Citizens Crime Commission 24­hour hot line at 215­546­8477.

Other places to call are the police district sanitation officer (on the day shift), or the Streets Department at 215­686­5560.

Or call the Daily News's Whatta Dump! hot line at 215­854­5999.

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