ILLINOIS POLLUTION CONTROL BOARD
    September 4, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    GARY CATES, d/b/a CHERRY STREET
    AUTOMOTIVE, CALVIN BOOTH, d/b/a
    AUTO SALVAGE ILLINOIS, and S.I.
    PROMOTION FLORA, INC.,
    Respondents.
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    PCB 08-26
    (Enforcement – Land)
    ORDER OF THE BOARD (by T.E. Johnson):
    On October 1, 2007, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a one-count complaint against Gary Cates, doing business as
    Cherry Street Automotive, and against Calvin Booth, doing business as Auto Salvage Illinois, an
    assumed name for S.I. Promotion Flora, Inc. (collectively respondents). The complaint concerns
    alleged auto salvage operations at 810 Elm Street in Carmi, White County. The parties now seek
    to settle without a hearing. For the reasons below, the Board directs the Clerk to provide notice
    of the stipulation, proposed settlement, and request for relief from the hearing requirement.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2006); 35 Ill. Adm.
    Code 103. In this case, the People allege that respondents violated Sections 21(a) and 55(a)(1) of
    the Act (415 ILCS 5/21(a), 55(a)(1) (2006)) by causing or allowing the open dumping of,
    respectively, waste and used or waste tires.
    On August 20, 2008, the People and respondents filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
    of the Act (415 ILCS 5/31(c)(1) (2006)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2006)), which requires that the public have an opportunity to request a
    hearing whenever the State and a respondent propose settling an enforcement action without a
    public hearing.
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, respondents
    neither admit nor deny the alleged violations but agree to pay a civil penalty of $8,000.
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
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    hearing.
    See
    415 ILCS 5/31(c)(2); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk to provide the required notice.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on September 4, 2008, by a vote of 4-0.
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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