ILLINOIS POLLUTION CONTROL BOARD

February 26, 1986

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

v.

)

PCB 85-72

)

CARL H. CLARK, SR., d/b/a

)

CLARK’S TIRE SERVICE,

)

Respondent.

)

MR. JAMES L. MORGAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF OF THE COMPLAINANT.

MR. CARL CLARK, JR. APPEARED ON BEHALF OF THE RESPONDENT.

OPINION AND ORDER OF THE BOARD (by W.J. Nega):

This matter comes before the Board on a Complaint filed on

May 9, 1985 by the Illinois Environmental Protection Agency

(Agency) which alleged that, on March 21, 1978, June 24, 1982,

and August 5, 1982, the Respondent, or agents or employees under

his direction, improperly openly dumped used tires at specified

unauthorized locations without the requisite Agency permit in

violation of Sections 21(a), 21(d), and 21(e) of the Illinois

Environmental Protection Act (Act).

A hearing was held on

December 6,

1985 at which no members

of the public were present. (R. 4). The parties filed a

Stipulation and Proposal for Settlement on December 10, 1985.

The Respondent, Mr. Carl H. Clark, Sr., d/b/a Clark’s Tire

Service, operates a used-tire business which is located at 1626

Grand Street in Granite City, Madison County, Illinois. (Stip.

2).

It is stipulated that: (1) on March 21, 1978, the

Respondent, or employees acting under the Respondent’s direction,

dumped over 150 used tires at a site west of the Village of

Sauget in St. Clair County, Illinois near the Mississippi River;

(2) on June 24, 1982, the Respondent, or employees acting under

the Respondent’s direction,

dumped over 150 used tires on

property owned by the Southern Railway Company near Monsanto

Avenue in the Village of Sauget; and (3) on August 5, 1982, the

Respondent, or employees acting under Respondent’s direction,

dumped over

150 used tires on property located southwest of New

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Hanover in Monroe County, Illinois near the HH Road and Bluff

Road. (Stip. 2). It is also undisputed that: (1) the Agency

had not issued a permit to the Respondent which authorized the

disposal of any used tires or any other waste, and (2) the Agency

had not issued any solid waste management permits authorizing

waste disposal activities at any of the sites that the Respondent

dumped the tires at. (Stip. 3).

The proposed settlement agreement provided that the

Respondent admitted the violations alleged in the Complaint and

agreed to: (1) remove and properly dispose of the tires dumped

on the property near HH Road and Bluff Road, west of New Hanover,

Monroe County, Illinois (located in the area designated as Area A

in the site diagram), such disposal including the delivery and

acceptance of these tires at a legitimate tire recycling facility

and/or properly permitted landfill within 120 days of the date of

the Board’s Order in this case; (2) use the remaining tires

(located in the area designated as Area B in the site diagram)

for erosion control purposes and cover these tires with at least

one foot of soil which shall then be graded, compacted, and

seeded within 120 days of the date of the Board’s Order;

(3) cease and desist from further violations; and (4) pay a

stipulated penalty of $2,000.00 into the Environmental Protection

Trust Fund in specified installments. (Stip. 3-4). The parties

have stipulated that the tires previously dumped at the two other

locations (i.e., on the property owned by the Southern Railway

System and at the site west of the Village of Sauget in St. Clair

County, Illinois) are no longer there and thus present no further

disposal problems. (Stip. 4).

In evaluating this enforcement action and proposed

settlement agreement, the Board has taken into consideration all

the facts and circumstances in light of the specific criteria

delineated in Section 33(c) of the Act and finds the settlement

agreement acceptable under 35 Ill. Adm. Code 103.180.

The Board finds that the Respondent, Carl H. Clark, Sr.,

d/b/a Clark’s Tire Service, has violated Sections 21(a), 21(d),

and 21(e) of the Act. The Respondent will be ordered to cease

and desist from further violations, to follow the agreed-upon

compliance plan, and to pay a stipulated penalty of $2,000.00 in

specified installments into the Environmental Protection Trust

Fund.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

It is the Order of the Illinois Pollution Control Board

that:

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1. As admitted in the Stipulation, the

Respondent, Mr. Carl H. Clark, Sr., d/b/a

Clark’s Tire Service, has violated Sections

21(a), 21(d), and 21(e) of the Illinois

Environmental Protection Act.

2. The Respondent shall cease and desist from all

further violations.

3. Within 120 days of the date of this Order, the

Respondent shall remove and properly dispose

of the tires previously dumped on the property

near HH Road and Bluff Road, west of New

Hanover in Monroe County, Illinois (located in

the area designated as Area A in the site

diagram). Such disposal shall include the

delivery and acceptance of these tires at a

legitimate tire recycling facility and/or a

properly permitted landfill.

The remaining

tires

(located in the area designated as Area

B in the site diagram) are to be used for

erosion control purposes and shall be covered

with at least one foot of soil which shall

then be graded, compacted, and seeded within

120 days of the date of this Order.

4. Within 90 days of the date of this Order, the

Respondent shall, by certified check or money

order payable to the State of Illinois and

designated for deposit into the Environmental

Protection Trust Fund, pay the first

installment of $500.00 on the total stipulated

penalty of $2,000.00 which is to be sent to:

Fiscal Services Division

Illinois Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois 62706

Subsequent installments of $300.00 each are to

be respectively paid within 180 days, 270

days, 360 days, 450 days, and 540 days of the

date of this Order in the same manner as the

initial installment payment until the entire

stipulated penalty of $2,000.00 is paid in

full.

5. The Respondent shall comply with all the terms

and conditions of the Stipulation and Proposal

for Settlement filed on December 10, 1985,

which is incorporated by reference as if fully

set forth herein.

IT IS SO ORDERED.

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I, Dorothy M.

Gunn, Clerk of the Illinois Pollution

Control

Board, hereby certify that

the above Opinion and Order was

adopted on the

7~?/

day of

__________________,

1986 by a

vote of

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c

.

~

Dorothy M. ,Gunn, Clerk

Illinois Pollution Control Board