Lisa Madigan
Vi TORN FY (;ISNRRAI
.
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
Re :
People v. J &
S Companies,
Inc .
PCB 06-33
Dear Clerk Gunn :
Enclosed for filing please find the original and ten copies of a Motion for Summary
Judgment in regard to the above-captioned matter. Please file the original and return a file-
stamped copy to me in the enclosed, self-addressed envelope
.
Thank you for your cooperation and consideration
.
RECEIVED
CLERK'S OFFICE
APR 2 4 2006
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
STATE OF ILLINOIS
Pollution Control
Board
April 20, 2006
,Kristen Laughridge Gale
/ Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
KLG/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090
•
TTY: (217) 785-2771
•
Fax :
(217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
•
(312) 814-3000
•
TTY: (312) 814-3374
•
Fax: (312) 814-3806
1001 East Main, Carbondalc, Illinois 62901
•
(618) 529-6400
•
TTY: (618) 529-6403
•
Fax: (618) 529-6416
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: April 20, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
RECEIVED
ILLINOIS,
)
CLERK'S OFFICE
>
APR 2 4 2006
Complainant,
)
STATE OF ILLINOIS
VS .
)
PCB No. 06-33
Pollution Control Board
(Enforcement)
J & S COMPANIES, INC., a Missouri
)
corporation,
)
Respondent
.
)
NOTICE OF FILING
To :
J & S Companies, Inc .
J & S Companies, Inc
.
c/o CT Corporation System, R.A .
c/o Daniel J. McAuliffe, R.A .
208 S. LaSalle St., Ste. 814
7777 Bonhamme Avenue, Ste. 2004
Chicago, IL 60604-1101
Clayton, MO 63105
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a MOTION FOR SUMMARY JUDGMENT, a copy of which
is attached hereto and herewith served upon you
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY :
ci~
KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on April 20, 2006, send by First Class Mail, with postage
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy
of the following instruments entitled NOTICE OF FILING and MOTION FOR SUMMARY
JUDGMENT
To :
J & S Companies, Inc
.
J & S Companies, Inc .
c/o CT Corporation System, R.A
.
c/o Daniel J . McAuliffe, R.A .
208 S. LaSalle St., Ste. 814
7777 Bonhamme Avenue, Ste. 2004
Chicago, IL 60604-1101
Clayton, MO 63105
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s)
:
To :
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
A copy was also sent by First Class Mail with postage thereon fully prepaid to :
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
This filing is submitted on recycled paper
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
)
vs .
)
No. PCB 06-33
(Enforcement-Land)
J & S COMPANIES, INC ., a Missouri
)
corporation,
)
Respondent.
)
RECEIVED
CLERK'S
OFFICE
APR 2 4 2006
STATE OF
ILLINOIS
Pollution Control Board
MOTION FOR SUMMARY JUDGMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, pursuant to Supreme Court Rules 191 and 192, Section 2-1005
of the Code of Civil Procedure, 735 ILCS 5/2-1005 (2004), and Section 101 .516 of the Board's
Procedural Rules, 35 III. Adm. Code 101 .516, hereby moves for Summary Judgment against
the Respondent, J&S COMPANIES, INC . No Answer or responsive pleadings to the Complaint
have been filed and, therefore, no affirmative defenses have been pleaded . Complainant relies
upon uncontroverted facts in the attached exhibits and in the Request for Admission of Facts
Directed towards J&S Companies, Inc. mailed to Respondent on November 30, 2005 and filed
with the Illinois Pollution Control Board ("Board") on December 2, 2005 . In support of this
Motion, Complainant states as follows
:
STATEMENT OF FACTS
1
.
Respondent, J&S Companies, Inc . is a Missouri corporation . The Respondent's
license to do business in Illinois was revoked on December 1, 2005
.
1
2 .
In 2003, J & S Companies, Inc . demolished the Landsdowne Jr. High School
.
See Exhibits A (Affidavit of Christopher Cahnovsky), Exhibit B (December 30, 2003 Inspection
Report) and Exhibit C (Request for Admission of Fact Directed towards J&S Companies, Inc .)
.
3
.
J & S Companies, Inc. hired First Choice Construction, Inc . to haul the
construction and demolition debris from the school demolition site . See Exhibit C (Request for
Admission of Fact Directed towards J&S Companies, Inc .)
.
4 .
Starting on or about February 6, 2003 until about December 3, 2003, First
Choice Construction hauled approximately 92 truckloads of construction and demolition debris
from the school demolition site to 7401 Bunkum Road, East St . Louis, St. Clair County, Illinois
("disposal site"). See Exhibits A (Affidavit of Christopher Cahnovsky), Exhibit B (December 30,
2003 Inspection Report) and Exhibit C (Request for Admission of Fact Directed towards J&S
Companies, Inc .)
.
5
.
J & S Companies, Inc. knew that the construction and demolition debris from the
school demolition site was disposed of at the demolition site . See Exhibits A (Affidavit of
Christopher Cahnovsky), Exhibit B (December 30, 2003 Inspection Report) and Exhibit C
(Request for Admission of Fact Directed towards J&S Companies, Inc .)
.
6 .
The construction and demolition debris disposed at the disposal site consisted of
brick, metal, plaster, paper, wood, pipe insulation, wire, and rebar. See Exhibits A (Affidavit of
Christopher Cahnovsky), Exhibit B (December 30, 2003 Inspection Report) and Exhibit C
(Request for Admission of Fact Directed towards J&S Companies, Inc .).
7 .
The disposal site is not permitted by the Illinois Environmental Protection Agency
(Illinois EPA) as a sanitary landfill . See Exhibits A (Affidavit of Christopher Cahnovsky), Exhibit
B (December 30, 2003 Inspection Report) and Exhibit C (Request for Admission of Fact
Directed towards J&S Companies, Inc .) .
2
8
.
The disposal site does not meet the requirements of the Act and of the
regulations and the standards promulgated thereunder. See Exhibits A (Affidavit of Christopher
Cahnovsky) and Exhibit B (December 30, 2003 Inspection Report)
.
9
.
On September 1, 2005, Complainant filed its complaint .
10 .
On November 30, 2005, Complainant mailed to Respondent a Request for
Admission of Fact. The Request for Admission of Fact was filed with the Board on December
2, 2005 .
11
.
Respondent has failed to respond to the Request for Admission of Fact
.
ARGUMENT
The Respondent violated Sections 21(a), 21(d), 21(e), and 21(p) of the Act, 415 ILCS
5/21 (a), (d), (e), (p) (2004) for disposing the demolition debris at the disposal site . There are
not genuine issues as to any material facts
.
1)
The Respondent open dumped the demolition debris at the disposal site
2)
The Respondent conducted a waste-storage or waste-disposal operation without
a permit granted by the Illinois EPA and in violation of the Board regulations and
standards
.
3)
The Respondent disposed, stored or transported waste at and to a site which did
not meet the requirements of the Act and standards and regulations promulgated
thereunder
.
4)
The Respondent caused or allowed open dumping of waste in a manner which
resulted in litter and the deposition of general construction or demolition debris
.
Furthermore, Supreme Court Rule 216 and Section 101 .618 of the Board's Procedural
Rules, 35 III. Adm. Code 101.618, states that each of the matters of fact of which admission is
requested is admitted unless the party directed the admission files a verified response within 28
3
days. In this case, the Respondant has failed to file a response to the Request for Admission of
Fact. Therefore, all facts stated within the Request for Admission of Fact are admitted
.
WHEREFORE, Complainant, People of the State of Illinois, respectfully request that the
Board enter a final order :
A)
Granting Complainant's motion for summary judgment
;
B)
Finding that the Respondent, J&S Companies, Inc ., violated Sections 21(a),
21(d), 21(e), and 21(p) of the Act, 415 ILCS 5/21(a), (d), (e), (p) (2004)
;
C)
Order the Respondent, J&S Companies, Inc., to cease and desist from any
further violations of the Act and associated regulations
;
D)
Award the Complainant a penalty of $25,000 for the violations of the Act
;
E)
Grant such other relief as the Board deems appropriate
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
500 South Second Street
Springfield, Illinois 62706
217/782-7968
Dated: April 20, 2006
4
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation D'visi
BY:-
-cam
KRISTEN LAUGHRIDGE GALE
Environmental Bureau
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
vs
.
)
No. PCB 06-33
(Enforcement - Land)
J & S COMPANIES, INC., a Missouri
)
corporation, and FIRST CHOICE
)
CONSTRUCTION, INC., an Illinois
)
corporation,
)
Respondents .
)
AFFIDAVIT OF CHRISTOPHER CAHNOVSKY
Upon penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, the undersigned certifies that the statements set forth in this instrument are true
and
correct, except as to matters therein stated to be on information and belief and as to such
matters the undersigned certifies as aforesaid that I verily believes the same to be true
:
I, CHRISTOPHER CAHNOVSKY, am employed by the Illinois Environmental
Protection Agency ("Illinois EPA"), as Regional Manager in the Field Operations Section of the
Bureau of Land ("BOL") .
I have been employed by the Illinois EPA as Regional Manager for
five years. Prior to promotion to Regional Manager, I was an Environmental Protection
Specialist conducting solid waste field inspections since May 1990
.
2
.
As part of my duties in the Bureau of Land, I am responsible for supervision of
Agency personnel in all aspects of solid waste related activities, including review and
commenting on all solid waste inspection reports prior to submittal to the main office
.
I also
perform field inspections for the BOL Collinsville Region of solid waste facilities including but
not limited to site visits, interviews, and records review
.
I have personally been involved in
approximately over 1,200 field inspections
.
3
.
I have a bachelor's degree in Animal Science from Southern Illinois University at
EXHIBIT
Complainant
A
Carbondale and a master's degree in Environmental Science/Studies from Southern Illinois
University at Edwardsville . I have a Professional Certification of a Certified Hazardous
Materials Manager from the Institute of Hazardous Material Management
.
4
.
As a general basis for the opinions and conclusions I provide below, I can state
that general construction and demolition debris means non-hazardous, uncontaminated
materials resulting from the construction, remodeling, repair, and demolition of utilities,
structures, and roads, limited to the following : bricks, concrete, and other masonry materials
;
soil, rock; wood, including non-hazardous painted, treated, and coated wood and wood
products; wall coverings; plaster; drywall ; plumbing fixtures; non-asbestos insulation; roofing
shingles and other roof coverings ; reclaimed asphalt pavement; glass; plastics that are not
sealed in a manner that conceals waste; electrical wiring and components containing no
hazardous substances; and piping or metals incidental to any of those materials, as defined by
Section 3.160(a) of the Act, 415 ILCS 5/3 .160(a) .
5 .
I am familiar with the Illinois Attorney General's case involving and the
allegations against J&S Companies, Inc. In support of the People's Motion for Summary
Judgment, I provide the following factual statements, personal observations, and opinions and
conclusions based upon my experience and expertise
.
6
.
On December 30, 2003, I conducted an inspection at 7401 Bunkum Road in
East St. Louis, St. Clair County, Illinois. As part of the regular practice of business at the Illinois
EPA, I created an inspection report of what I observed during the inspection . The inspection
report was created during and after the inspection . Upon completion of the inspection report, it
was kept in the course of regularly conducted business activity at the Illinois EPA. The
inspection report I created is attached hereto as Exhibit B
.
7 .
Photographs #1 through #12 of the attached inspection report were taken by me
and truly and accurately depict the conditions that I observed at the Site on December 30,
2004 .
8 .
I certify all factual statements, observations, and photographs within the
inspection report
.
CHRIS
PHER C
OVSKY
Subscribed and Sworn to before me
this
/ 7-
Aday of
Apri
/ ,
2006 .
ah
a
V
tt
110NLtG.tQ L
NOTARY PUBLIC
FURTHER AFFIANT SAYETH NOT .
~7
"OFFICIAL SEAL"
PAULA OTTENSMEIER
1,
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES NOV. 9, 2007
Revised 06/18/2001
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
I
EXHIBIT
Complainant
(Open Dump
- 1)
RE
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
~~
2 .
9(c)
CAUSE OR ALLOW OPEN BURNING
3 .
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
4 .
12(d)
CREATE A WATER POLLUTION HAZARD
21 (a)
CAUSE OR ALLOW OPEN DUMPING
~~
6 .
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION :
(1)
Without a Permit
~~
(2)
In Violation of Any Regulations or Standards Adopted by the Board
~~
7 .
21(e)
DISPOSE, TREAT, STORE, ORABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE AT/TO SITES NOT MEETING REQUIREMENTS OF ACT
~~
8 .
21(p)
CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
IN ANY OF THE FOLLOWING OCCURRENCES AT THE DUMP SITE
:
(1)
Litter
~~
(2)
Scavenging
(3)
Open Burning
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
(6)
Standing or Flowing Liquid Discharge from the Dump Site
County :
St. Clair
LPC#
:
1630455275
Region :
6 - Collinsville
Location/Site Name
:
East St. Lc,iis/McKnight
-5
,
M
Date :
12/30/2003
Time: From
9:50
To
10 :2
Previous Inspection Date
:
Inspector(s) :
Chris Cahnovsky
Weather
:
-45 F soil conditions were wet
No. of Photos Taken: #
12
Est. Amt, of Waste: 650
yds 3
Samples Taken :
Yes #
No
Interviewed
:
Jim McKnight
Complaint # :
Jim McKnight
- Classic MFG, Inc .
J&S Demolition Division
Responsible Party
7401 Bunkum Road
902 Cherokee Street
Mailing Address(es)
and Phone
East St. Louis, Illinois 62204
St. Louis, Missouri 63118
Number(s)
:
618/398-5966
314/776-4000
I
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LPC # 1630455275
Inspection Date :
12/30/2003
Signa e of Inspector(s)
Informational Notes
1
.
[Illinois] Environmental Protection Act: 415 ILCS 5/4
.
2
.
Illinois Pollution Control Board : 35 III. Adm . Code, Subtitle G
.
3
.
Statutory and regulatory references herein are provided for convenience only and should not be construed as legal
conclusions of the Agency or as limiting the Agency's statutory or regulatory powers
.
Requirements of some statutes
and regulations cited are in summary format. Full text of requirements can be found in references listed in 1 . and 2 .
above
.
4 .
The provisions of subsection (p) of Section 21 of the [Illinois] Environmental
Protection Act shall be enforceable either
by administrative citation under Section 31 .1 of the Act or by complaint under Section
31 of the Act
.
5 .
This inspection was conducted in accordance with Sections 4(c) and 4(d) of the [Illinois] Environmental Protection Act
:
415 ILCS 5/4(c) and (d) .
6 .
Items marked with an "NE" were not evaluated at the time of this inspection
.
Revised 06/18/2001
(Open Dump - 2)
Deposition of General Construction or Demolition Debris ; or Clean Construction or
(7)
_ nemnlifinn Debris
9
.
55(a)
NO PERSON SHALL
:
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
2
Cause or Allow 0 en Burnin
of An Used or Waste Tire
r
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
10 .
812.101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
11
.
722 .111
HAZARDOUS WASTE DETERMINATION
12 .
808.121
SPECIAL WASTE DETERMINATION
13 .
809.302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
OTHER REQUIREMENTS
14 .
APPARENT VIOLATION OF : ( ) PCB
; ( ) CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
15 .
OTHER
:
I
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1630455275 - St. Clair County
East St. Louis/McKnight
Date of Inspection: December 30, 2003
Prepared by: Chris Cahnovsky
NARRATIVE
On December 30, 2003, 1 conducted an inspection at 7401 Bunkum Road in East St
.
Louis, Illinois. This address is the location of Classic Manufacturing, Inc . owned by Jim
McKnight. Mr. Jim McKnight was present during this inspection
.
I observed about 68 piles of general construction and demolition debris along the
entrance road to the property. I also observed about 22 piles of general C&D debris
behind the Classic Mfg. building. This general C&D debris consisted of brick, metal,
plaster, paper, wood, pipe chase, wire and rebar. The paper appeared to be records
associated with a school
.
Mr. McKnight stated that this waste was from the Landsdowne Jr. High School and was
dumped here by First Choice Trucking. Mr. Knighfgave First Choice permission to
dump on his property. Apparently, Mr. McKnight asked First Choice for brick to use as a
road base. The material I observed during this inspection was what First Choice brought
Mr. McKnight. Mr. McKnight stated that he dealt with Mike Bowman of First Choice
Trucking .
According to a February 6, 2003 Construction Contract obtained by the St . Clair County
Health Department (SCCHD), the East St. Louis Board of Education-District 189
contracted J & S Companies, Inc . of St. Louis, Missouri to demolish the Landsdowne Jr
.
High School (Attachment 1). Through some means, First Choice brought waste from the
Landsdowne demolition site to the McKnight Property. This waste meets the definition
of general construction and demolition debris pursuant to Section 3 .160a of the Illinois
Environmental Protection Act and should have gone to a permitted landfill
.
This site first came to the attention of the Illinois EPA on November 21, 2003 when a
drive-by inspection was conducted by Mike Grant and Tom Miller of the Illinois EPA
.
The SCCHD conducted an inspection at this site on November 25, 2003 . The Health
Department contacted J&S Demolition about the waste . Apparently, J & S was aware
that First Choice was hauling waste to the McKnight property
.
On December 3, 2003, Ron Robeen and Alan Grimmet with the Illinois EPA's Bureau of
Air conducted an inspection at this site. During this inspection, Mr. Grimmer took two
samples for asbestos. One sample was taken of white pipe chase waste and the other was
of mastic adhering to floor pieces . The samples were sent to Philips Service Corporation
in Columbia, Illinois on December 3, 2003 . On December 5, 2003, the Agency received
the results of the analysis (Attachment 2) . The mastic tested negative for asbestos and the
white pipe chase tested positive for asbestos, 12 percent chrysotile
.
IV!Ak
,<
JU!1 -1
REVIEWER MD
1630455275 - St. Clair County
East St. Louis/McKnight
Page 2 of 3
On December 19, 2003, I received a call from Sean Boles of J&S . Mr. Boles was aware
that material from Landsdowne was going to the McKnight Property . He stated that he
received a letter from Mr. McKnight asking that the material be dumped on his property
.
Mr. Boles faxed me a copy of the letter (Attachment 3) . The letter was addressed Sean
Boles from Jim McKnight . The letter stated that the brick dumped on the McKnight
property was going to be used as a driveway base . This letter was dated December 5,
2003. This date is after the waste had already been dumped on site
.
I asked Mr. McKnight why the letter was dated after the waste had already been dumped
on his property. He stated that Mike Bowman called him and asked him to write the
letter to J&S . Mr. McKnight agreed that the letter was sent after the waste had been
dumped on-site. He also agreed that the waste had to be sorted and cleaned prior to use as
a road base
.
Mr. Boles stated that the removal of the asbestos was under a different contract and not
preformed by J&S . He stated that all known asbestos was removed from the building
prior to demolition under the supervision of IE Consultants in St . Louis. He was not
aware that the waste that went to the McKnight property was general C&D, not "clean
fill" . He stated that he was not on the job site
.
Potentially responsible parties to this open dumping
Classic Manufacturing, Inc
.
Jim McKnight
7401 Bunkum Road
East St . Louis, Illinois 62204
618/398-5966
First Choice Trucking
First Choice Construction, Inc
.
Mike Bowman
1932 Townsley Lane
East St. Louis, Illinois 62204
618/398-2875
J & S Companies, Inc .
J & S Demolition Division
902 Cherokee Street
St. Louis, Missouri 63118
1630455275 - St. Clair County
East St. Louis/McKnight
Page 3 of 3
East St. Louis Board of Education
School District 189
Nathaniel J Anderson, Superintendent
1005 State Street
East St. Louis, Illinois 62201
618/583-8200
International Engineering Consultants, Inc
.
6420 South Sixth Street
Springfield, Illinois 62707
217/529-8027
The following apparent violations were observed during this inspection
:
9(a)
;
21(a) ;
21(d)(1)(2) ;
21(e) ;
21(p)(1) ;
21(p)(7) and
812.101(a)
.
cnc/mcknighmarr doc
LI
I
Date of Inspection: 12/30/2003 Inspector :
Chris Cahnovsky
Site Code: 1630455275 County: St . Clair
Site Name: East St. Louis/McKnight Time :
9:50-10:20
II
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Q
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7401 Bunkum Road
Classic MFG, Inc
.
Runkiim Road
State of Illinois
Environmental Protection Agency
Facility Diagram
N
Sand Plant
LPC #1630455275 - St. Clair County
East St. Louis/McKnight
FOS File
DATE: December 30, 2003
TIME: 9:50-10:20
DIRECTION
: East
PHOTO by : Chris Cahnovsky
PHOTO FILE NAME :
163045527512302003-001
COMMENTS :
DATE
: December 30, 2003
TIME : 9:50-10:20
DIRECTION
: East
PHOTO by : Chris Cahnovsky
PHOTO FILE NAME :
163045527512302003-002
COMM ENTS:
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1630455275 - St. Clair County
East St. Louis/McKnight
FOS File
DATE: December 30, 2003
TIME: 9:50-10:20
DIRECTION : East
PHOTO by : Chris Cahnovsky
PHOTO FILE NAME
:
163045527512302003-003
COMMENTS :
DATE : December 30, 2003
TIME : 9:50-10:20
DIRECTION : Southeast
PHOTO by : Chris Cahnovsky
PHOTO FILE NAME :
163045527512302003-004
COMMENTS :
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1630455275 -St. Clair County
East St. Louis/McKnight
FOS File
DATE: December 30, 2003
TIME : 9:50-10:20
DIRECTION : East
PHOTO by: Chris Cahnovsky
PHOTO FILE NAME :
163045527512302003-005
COMMENTS :
DATE : December 30, 2003
TIME : 9:50-10:20
DIRECTION : North
PHOTO by : Chris Cahnovsky
PHOTO FILE NAME :
1630455275-12302003-006
COMMENTS :
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1630455275 - St. Clair County
East St. Louis/McKnight
FOS File
DATE: December 30, 2003
TIME: 9:50-10:20
DIRECTION : North
PHOTO by: Chris Cahnovsky
PHOTO FILE NAME :
163045527512302003-007
COMMENTS :
DATE : December 30, 2003
TIME: 9:50-10:20
DIRECTION: Southwest
PHOTO by : Chris Cahnovsky
PHOTO FILE NAME :
163045527512302003-008
COMMENTS :
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1630455275 - St. Clair County
East St. Louis/McKnight
FOS File
DATE: December 30, 2003
TIME : 9:50-10:20
DIRECTION : West
PHOTO by: Chris Cahnovsky
PHOTO FILE NAME
:
163045527512302003-009
COMMENTS :
DATE
: December 30, 2003
TIME: 9:50-10:20
DIRECTION : South
PHOTO by : Chris Cahnovsky
PHOTO FILE NAME :
163045527512302003-010
COMMENTS :
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1630455275 - St. Clair County
East St. Louis/McKnight
FOS File
DATE: December 30, 2003
TIME : 9:50-10:20
DIRECTION : Northwest
PHOTO by : Chris Cahnovsky
PHOTO FILE NAME :
163045527512302003-011
COMMENTS
:
DATE : December 30, 2003
TIME: 9:50-10:20
DIRECTION: Northwest
PHOTO by : Chris Cahnovsky
PHOTO FILE NAME :
1630455275-12302003-012
COMMENTS :
DIGITAL PHOTOGRAPH PHOTOCOPIES
RECEIVE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERKS OFFICE
EEC
3 2 2005
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
vs
.
)
J & S COMPANIES, INC ., a Missouri
)
corporation, and FIRST CHOICE
)
CONSTRUCTION, INC ., an Illinois
)
corporation,
)
Respondent
.
)
No. PCB 06-33
(Enforcement-Land)
REQUEST FOR ADMISSION OF FACT DIRECTED
TOWARDS J & S COMPANIES, INC .
The PEOPLE OF THE STATE OF ILLINOIS,
ex rel .
LISA MADIGAN, Attorney General
of the State of Illinois, pursuant to Supreme Court Rule 216 submits this request for the
admission of the truth of the following specified relevant facts within 28 days after service
hereof :
On February 6, 2003, J & S Companies, Inc . signed a contract with Board of
Education-School District 189 for demolition of the Landsdowne Jr. High School located in East
St. Louis, St. Clair County, Illinois
.
2
.
In 2003, J & S Companies, Inc. demolished the Landsdowne Jr
. High School
.
3
.
J & S Companies, Inc. hired First Choice Construction, Inc . to haul the
construction and demolition debris from the school demolition site
.
4
.
Starting on or about February 6, 2003 until about December
3, 2003, First
Choice Construction hauled approximately 92 truckloads of construction and demolition debris
from
the school demolition site to 7401 Bunkum Road, East St
. Louis, St. Clair County, Illinois
("disposal site") .
STAFE OF ILLINOIS
Pollution Control Board
J & S Companies, Inc. knew that the construction and demolition debris from the
school demolition site was disposed of at the demolition site
.
6
.
The construction and demolition debris disposed at the disposal site consisted of
brick, metal, plaster, paper, wood, pipe insulation, wire, and rebar .
7
.
The disposal site is not permitted by the Illinois Environmental Protection Agency
(Illinois EPA) as a sanitary landfill
.
Respectfully Submitted,
PEOPLE OF THE STATE OF ILLINOIS,
ex rel. LISA MADIGAN,
Attorney General of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
500 South Second Street
Springfield, Illinois 62076
217/782-9031
Dated
:
3
By, : .
KRISTEN LAUGHRI
AssistantAtforney
Environmental Bureau
