ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS POLLUTION CONTROL BOARD

July 26, 2007

ILLINOIS ENVIRONMENTAL

(Administrative Citation)

ORDER OF THE BOARD (by G.T. Girard):

On June 11, 2007, the Illinois Environmental Protection Agency (Agency) timely filed an

administrative citation against Todd McKinney (respondent).

See

415 ILCS 5/31.1(c) (2006); 35

Ill. Adm. Code 108.202(c). The administrative citation concerns a site commonly known as East

St. Louis/Twin Lake Trucking with Site Code No. 1630450123, and located at 1 Twin Drive, in

East St. Louis, St. Clair County. The Agency alleges that respondent violated Sections 21(p)(1)

and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2006)) by open dumping resulting in litter

and the deposition of general or clean construction or demolition debris.

On July 18, 2007, the Agency filed a motion to dismiss the administrative citation for

lack of timely service on respondent within 60 days of the observed violation.

See

415 ILCS

5/31.1(b) and 35 Ill. Adm. Code 108.402. The Board grants that motion and dismisses the

administrative citation.

IT IS SO ORDERED.

John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that

the Board adopted the above order on July 26, 2007, by a vote of 4-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

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