ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P .O . Box 19276, SPRINGFIELD, ILLINOIS 62794-9276-(217) 782-3397
JAMES R
. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601- (312)
F14EC E I VE D
CLERK'S
OFFICE
JUN 1
1 2007
STATE OF ILLINOIS
(217) 782-9817
Pollution Control Board
TDD : (217) 782-9143
June 7, 2007
cr
The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Re :
Illinois Environmental Protection Agency v
. Todd McKinney
IEPA File No
. 164-07-AC : 1630450123-St
. Clair County
Dear Clerk Gunn :
Enclosed for filing with the Illinois Pollution Control Board, please find the original and nine
true and correct copies of the Administrative Citation Package, consisting of the Administrative
Citation, the inspector's Affidavit, and the inspector's Illinois Environmental Protection Agency
Open Dump Inspection Checklist, issued to the above-referenced respondent(s)
.
On this date, a copy of the Administrative Citation Package was sent to the Respondent(s) via
Certified Mail
. As soon as I receive the return receipt, I will promptly file a copy with you, so
that the Illinois Pollution Control Board may calculate the thirty-five (35) day appeal period for
purposes of entering a default judgment in the event the Respondent(s) fails or elects not to file a
petition for review contesting the Administrative Citation
.
If you have any questions or concerns, please do not hesitate to contact me at the number above
.
Thank you for your cooperation .
Sincerely,
JJ
Michelle M
. Ryan
Assistant Counsel
Enclosures
ROD
R . BLAGOJEVICH, GOVERNOR
DOUGLAS P . SCOTT,
DIRECTOR
ROCKFORD-4302 North Main Street, Rockford, IL 61103-(815) 987-7760
DES PLAINES-9511 W . Harrison St
., Des Plaines, IL 60016-(847) 294-4000
ELGIN
- 595 South State, Elgin, IL 60123 -(847) 608-3131
PEORIA-5415 N
. University St ., Peoria, IL 61614- (309) 693-5463
BUREAU OF
LAND -
PEORIA - 7620 N
. University St ., Peoria, IL 61614-(309) 693-5462
•
CHAMPAIGN-2125 South First Street, Champaign, IL 61820-(217) 278-5800
SPRINGFIELD-4500 S
. Sixth Street Rd ., Springfield, IL 62706-(217) 786-6892
•
COLLINSVILLE-2009 Mall Street, Collinsville, IL 62234-(618) 346-5120
MARION-2309 W . Main St
., Suite 116, Marion, IL 62959-(618) 993-7200
PRINrtD ON RECYCLED PAPER
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
V .
TODD MCKINNEY,
Respondent
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
To :
Todd McKinney
301 South 15`° Street
East St. Louis, IL 62207
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
.
Respectfully submitted,
AC O07 v~
(IEPA No
. 164-07-AC)
NOTICE OF FILING
Michelle M . Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O . Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated
: June 7, 2007
'THIS FILING SUBMITTED ON RECYCLED PAPER
RE
CLE'S OFFICE
CEIVED
JUN 1
1 2007
PollutionSTATE
OControlILLINOIS
Board
A
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
JUN 1 1 2007
STATE OF ILLINOIS
Pollution Control Board
ADMINISTRATIVE CITATION
JURISDICTION
This Administrative Citation is issued pursuant to the authority vested in the Illinois
Environmental Protection Agency by Section 31
.1 of the Illinois Environmental Protection Act, 415
ILCS 5/31 .1 (2004) .
FACTS
That Todd McKinney ("Respondent") is the present operator of a facility located at 1
Twin Drive, in East St . Louis, St
. Clair County, Illinois
. The property is commonly known to the
Illinois Environmental Protection Agency as East St
. Louis/Twin Lake Trucking
.
2 .
That said facility is an open dump operating without an Illinois Environmental
Protection Agency Operating Permit and is designated with Site Code No
. 1630450123 .
3.
That Respondent has operated said facility at all times pertinent hereto
.
4
. That on April 19, 2007, Joe Zappa of the Illinois Environmental Protection Agency's
Collinsville Regional Office inspected the above-described facility
. A copy of his inspection report
setting forth the results of said inspection is attached hereto and made a part hereof
.
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
V .
)
(IEPA No
. 164-07-AC)
TODD MCKINNEY,
)
Respondent .
)
VIOLATIONS
Based upon direct observations made by Joe Zappa during the course of his April 19, 2007
inspection of the above-named facility, the Illinois Environmental Protection Agency has determined
that Respondent has violated the Illinois Environmental Protection Act (hereinafter, the "Act") as
follows :
(1)
That Respondent caused or allowed the open dumping of waste in a manner
resulting in litter, a violation of Section 21(p)(1) of the Act, 415 ILCS 5/21(p)(1)
(2004)
.
(2)
That Respondent caused or allowed the open dumping of waste in a manner
resulting in the deposition of general construction or demolition debris
; or clean
construction or demolition debris, a violation of Section 21
(p)(7) of the Act, 415 ILCS
5/21 (p)(7)
(2004) .
CIVIL PENALTY
Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2004), Respondent is
subject to a civil penalty of One Thousand Five Hundred Dollars ($1,500
.00) for each of the
violations identified above, for a total of
Three Thousand Dollars ($3,000
.00). If Respondent elects
not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be
due and payable no later than
July 15, 2007,
unless otherwise provided by order of the Illinois
Pollution Control Board .
If Respondent elects to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31
.1 of the Act, 415 ILCS 5/31
.1 (2004), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
Respondent shall be assessed the associated hearing costs incurred by the Illinois Environmental
2
Protection Agency and the Illinois Pollution Control Board
. Those hearing costs shall be assessed
in addition to the One Thousand Five Hundred Dollar ($1,500
.00) statutory civil penalty for each
violation .
Pursuant to Section 31 .1(d)(1) of the Act, 415 ILCS 5/31
.1 (d)(1) (2004), if Respondent fails
to petition or elects not to petition the Illinois Pollution Control Board for review of this Administrative
Citation within thirty-five (35) days of the date of service, the Illinois Pollution Control Board
shall
adopt a final order, which shall include this Administrative Citation and findings of violation
as
alleged herein, and shall impose the statutory civil penalty specified above
.
When payment is made, Respondent's check shall be made payable to the
Illinois
Environmental Protection Trust Fund and mailed to the attention of Fiscal
Services, Illinois
Environmental Protection Agency, 1021 North Grand Avenue East, P
.O
. Box 19276, Springfield,
Illinois 62794-9276
. Along with payment, Respondent shall complete and return the enclosed
Remittance Form to ensure proper documentation of payment
.
If any civil penalty and/or hearing costs are not paid within the time prescribed by order of the
Illinois Pollution Control Board, interest on said penalty and/or hearing costs shall be assessed
against the Respondent from the date payment is due up to and including the date that payment is
received
. The Office of the Illinois Attorney General may be requested to initiate proceedings
against Respondent in Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued .
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent has the right to contest this Administrative Citation pursuant to and in
accordance with Section 31 .1 of the Act, 415 ILCS 5/31/1 (2004). If Respondent elects to contest
this Administrative Citation, then Respondent shall file a signed Petition for Review, including a
Notice of Filing, Certificate of Service, and Notice of Appearance, with the Clerk of the Illinois
Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601 . A copy of said Petition for Review shall be filed with the Illinois Environmental Protection
Agency's Division of Legal Counsel at 1021 North Grand Avenue East, P .O . Box 19276, Springfield,
Illinois 62794-9276 . Section 31 .1 of the Act provides that any Petition for Review shall be filed within
thirty-five (35) days of the date of service of this Administrative Citation or the Illinois Pollution
Control Board shall enter a default judgment against the Respondent .
Douglas
c
P
.
.S?
. cott,
.~
Director
,~ s
ec-
•+
Cc_
Illinois Environmental Protection gency
Prepared by:
Susan E . Konzelmann, Legal Assistant
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O . Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
4
Date :
(
OI7 107
DATE OF INSPECTION
:
April 19, 2007
DATE REMITTED :
SS/FEIN NUMBER :
SIGNATURE :
NOTE
Please enter the date of your remittance, your Social Security number (SS) if an individual or
Federal Employer Identification Number (FEIN) if a corporation, and sign this Remittance Form
.
Be
sure your check is enclosed and mail, along with Remittance Form, to Illinois Environmental
Protection Agency, Attn . : Fiscal Services, P .O
. Box 19276, Springfield, Illinois
62794-9276 .
5
RECEIVEDCLERK'S
OFFICE
REMITTANCE FORM
JUN 1
1 2007
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
AC DI
-(.S
)
V .
)
(IEPA No
. 164-07-AC)
TODD MCKINNEY,
)
SITE CODE NO. :
1630450123
Respondent
.
)
FACILITY:
East St
. Louis/Twin Lake Trucking
COUNTY :
St. Clair
CIVIL PENALTY :
$3,000 .00
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P .O . Box 19276, SPRINGFIELD, ILLINOIS
62794-9276-( 217) 782-3397
JAMES R . THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300,
CHICAGO, IL 60601 - (312) 814-6026
ROD R . BLAGOJEVICH, GOVERNOR
DOUGLAS
P . SCOTT, DIRECTOR
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF
:
)
IEPA DOCKET NO
.
McKinney Hauling and
)
Excavating
)
Respondent. )
Affiant, Joseph W
. Zappa, being first duly sworn, voluntarily deposes and states as
follows :
Affiant is a field inspector employed by the Land Pollution Control Division of the
Illinois Environmental Protection Agency and has been so employed at all times pertinent
hereto
.
2.
On April 19, 2007, between 4
:00 PM. and 4:45
PM, Affiant conducted an inspection of
the open dump in St
. Clair County, Illinois, known as East St
. Louis/Twin Lake Trucking,
Illinois Environmental Protection Agency Site No
.1630450123 .
Affiant inspected said East St
. Louis/Twin Lake Trucking open dump by an on-site
inspection which included walking the site
.
ROCKFORD -4302 North Main Street, Rockford, IL 61103-(815) 987-7760
DES PLAINES-9511 W. Harrison St ., Des Plaines, IL 60016-(847) 294-4000
ELGIN-595 South State, Elgin, IL 60123 -(847) 608-3131
• PEORIA - 5415 N
. University St ., Peoria, IL 61614- (309) 693-5463
BUREAU OF LAND - PEORIA- 7620 N . University St ., Peoria, IL 61614-(309) 693-5462
• CHAMPAIGN- 2125 South First Street, Champaign, IL 61820-(217) 278-5800
SPRINGFIELD-4500 S . Sixth Street Rd ., Springfield, IL 62706-(217) 786-6892
• COLLINSVILLE-2009 Mall Street, Collinsville, IL 62234-(618) 346-5120
MARION-2309 W. Main St ., Suite 116, Marion, IL 62959-(618) 993-7200
PRINTED ON RECYCLED PAPER
4.
As a result of the activities referred to in Paragraph 3 above, Affiant completed the
Inspection Report form attached hereto and made a part hereof, which, to the best of
Afflant's knowledge and belief, is an accurate representation of Affrant' s observations
and factual conclusions with respect to said East St . Louis/Twin Lake Trucking open
dump
.
Subscribed and Sworn to before me
This l 8`h day of May, 2007
IIi
Notary Public
"OFFICIAL SEAL"
%,
PAULA OTTENSMEIER
NOTARY PUBLIC-' T ATE OF ILLINOIS
i MYCOMMISSI6!d . . .?IRES7 :OV .9,2O07
Inspector(s) :
Joe Zappa
Responsible Party
Mailing Address(es)
and Phone Number(s) :
Revised 10/5/2005
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County :
St . Clair
LPC#:
1630450123
Region
:
6 - Collinsville
Location/Site Name :
East St . Louis/Twin Lake Trucking
Date :
04/19/2007 Time : From 4:00 PM
To 4:45 PM
Previous Inspection Date :
Weather
: Clear and 80 degrees
No. of Photos Taken
: # 6
Est. Amt. of Waste : 200
yds3 Samples Taken : Yes #
No
Interviewed :
Todd McKinney
Complaint # : none
Latitude : N38 .3653
Longitude : W090 .05305 Collection Point Description : Dump Location -
(Example : Lat . : 41 .26493
Long . : -89 .38294)
Collection Method : GPS - Garmin gps76
Larry Sinn
1 Twin Lake Drive
East St. Louis, IL 62203
McKinney's Hauling & Excavating
301 South 15th Street
East St . Louis IL 62207
(618) 875-7304
(Open Dump -
1)
SECTION L
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIRE NT
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
0
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
0
21 e
DISPOSE,
WASTE INTO
TREAT,THE
STATE
STORE,
AT/TO
OR ABANDON
SITES NOT
ANY
MEETING
WASTE,
REQUIREMENTS
OR TRANSPORT
OF
ANYACT
0
8 .
.
CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A
MANNER WHICH RESULTS
, . k •
I
0
& •
i -
. l
TT. I u -
( )
Litter
15
( )
Scavenging
( )
Open Burning
( )
Deposition of Waste in Standing or Flowing Waters
( )
Proliferation of Disease Vectors
Standing or Flowing Liquid Discharge from the Dump Site
LPC #
1630450123
Inspection Date
:
04/19/2007
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 10/5/2005
(Open Dump - 2)
(7)
Deposition
Demolition
of
DebrisGeneral
Construction or Demolition Debris
; or Clean Construction or
IS
9. 55(a)
NO PERSON SHALL :
(1)
Cause or Allow Open Dumping of Any Used or Waste Tire
(2)
Cause or Allow Open Burning of Any Used or Waste Tire
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
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 :
1630450123 - St. Clair County
East St
. Louis / Twin Lake Trucking
Prepared by
: Joe Zappa
Date of Inspection : April 19, 2007
Site History
NARRATIVE
Inspector Hendricks who is a code enforcement inspector with East St
. Louis called me at
3 :30 PM. Mr
. Hendricks explained, that McKinney Construction was hauling unclean
construction debris to Twin Lakes Trucking in East St
. Louis. The waste that McKinney
was hauling was mostly concrete with protruding rebar, steel products, and concrete
blocks . Mr
. Larry Sinn's mailing address is I Twin Lake Drive East St . Louis, IL 62201
according to St
. Clair County records .
Site Inspection
I met with Inspector Hendricks at Twin Lakes Trucking in East St
. Louis at 4 :00 PM. We
observed construction debris that was not considered clean debris . Mr. Todd McKinney
was in the process of tearing down the K&G Clothing store in Fairview Heights Illinois .
Mr
. McKinney had an agreement to dump his unclean construction and demolition debris
at 1 Twin Lakes Drive owned by Mr
. Larry Sinn of Twin Lakes Trucking. I observed 200
to 300 cubic yards of some demolition debris that had been disposed of on this site . I
went back to K&G Clothing store in Fairview Heights and confirmed that the material
was the same material that was coming from the demolition site .
We met with Mr
. Larry Sinn at Twin Lakes Trucking and I explained to him that the
construction debris was considered unclean and that he was in violation as defined by
Section 3 .160(b) of the Environmental Protection Act
. Mr. Sinn or Mr. McKinney would
have to haul the demolition debris to the landfill or clean the material on-site . Mr. Sinn
thought that it would be ok to go back later and cover it with clean fill . I explained to Mr .
Sinn that the only thing that should be going to that site is clean fill, or clean construction
or demolition debris.
On April 20, 2007 Mr. McKinney called me to explain to me that he was at Mr .Sinn's
property and that he was cleaning all of the unclean construction and demolition debris
from the cement block and concrete that he had dumped on-site . He said that he had
dumpsters on site to place the waste into and he would dispose of it at the local landfill .
Due to this investigation, the following violations have been alleged : Illinois
Environmental Protection Act, Sections 21(a), 21(d)(1)(2), 21(e), 21(p)(1), and 21(p)
(7) .
I
r
rte,
J .nrl'rqr .
Pointer 38'_36'53 1T P! 9C'O5'JO Q5" W
41 ' t!
°lrrnrning I,I
Q .i
1
106
Fjr
rill
2517 it
ee,
(loosle -
LPC #1630450123 / St Clair County
East St . Louis/Twin Lake Trucking
FOS File
DATE : 04/19/07
TIME: 3 :30 PM
DIRECTION:North
PHOTO by : Joe Zappa
PHOTO FILE NAME
:
1630450123-04192007-001
COMMENTS :
Twin Lake Trucking Property
CCDD that was hauled from
K&G Clothing store in
Fairview Heights
DATE : 04/19/07
TIME : 3 :35 PM
DIRECTION : East
PHOTO by: Joe Zappa
PHOTO FILE NAME
:
1630450123-04192007-002
COMMENTS : Same material
different pile
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1630450123 / St Clair County
East St. Louis/Twin Lake Trucking
FOS File
DATE: 04/19/07
TIME: 3 :37 PM
DIRECTION: South
PHOTO by: Joe Zappa
PHOTO FILE NAME :
1630450123-04192007-003
COMMENTS: Debris that was
disposed by McKinney
Construction/Hauling
. There was
wood, steel product, and rebar in
the CCDD .
DATE : 04/19/07
TIME : 3 :40 PM
DIRECTION: Northwest
PHOTO by
: Joe Zappa
PHOTO FILE NAME :
1630450123-04192007-004
COMMENTS:
Another view of a different pile
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #1630450123 / St Clair County
East St. Louis/Twin Lake Trucking
FOS File
DATE
: 04/19/07
TIME : 3:42 PM
DIRECTION : Northeast
PHOTO by : Joe Zappa
PHOTO FILE NAME
:
1630450123-04192007005
COMMENTS :
This is an area where Mr . Sinn had
already excavated an area of the
site.
DATE
: 04/19/07
TIME: 3 :45 PM
DIRECTION : East
PHOTO by: Joe Zappa
PHOTO FILE NAME :
1630450123--04192007006
COMMENTS: A pile with wood
mixed in
DIGITAL PHOTOGRAPH PHOTOCOPIES
PROOF OF SERVICE
I hereby certify that I did on the 7th day of June 2007, send by Certified Mail, Return Receipt
Requested, with postage thereon fully prepaid, by depositing in a United States Post Office Box a true
and correct copy of the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To : Todd McKinney
301 South 15"' Street
East St. Louis, IL 62207
and the original and nine (9) true and correct copies of the same foregoing instruments on the same
date by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To :
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Michelle M . Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
