BEFORE THE ILLINOIS POLLUTION CONTROL
CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
i 4 2003
Complainant,
)
STATE OFILLINOIS
POlhjtj0~Co~tro/Board
No.
GREG PREY, individually and doing
business as KING TIRE,
)
(Enforcement)
Respondent.
TO: Mr. Greg Prey
King Tire
237
1St
Street
LaSalle, IL. 61301-2302
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, July 14,
2003 filed
with the Office of the Clerk of the Illinois Pollution Control
Board an original and nine copies of our Complaint, a copy of
which is attached herewith and served upon you.
Failure to file an answer to this complaint within 60 days
may have severe consequences. Failure to answer will mean that
all allegations in the complaint will be taken as if admitted for
purposes of this proceeding. If you have any questions about
this procedure, you should contact the hearing officer assigned
to this proceeding, the clerk’s office or an attorney.
NOTIFICATION
YOU ARE HEREBY NOTIFIED that financing may be available
through the Illinois Environmental facilities financing act 20
ILCS 3515/1
et seq.
to correct the alleged pollution.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the
State of Illinois
BY:
____________________
PAULA BECKER’ WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 2O~’~Flr.
Chicago, IL 60601
(312) 814-1511
V
ED
~CLERK’S OFPIC~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~JUL1 4 2003
PEOPLE OF THE STATE OF ILLINOIS,
)
OF ILLINOIS
Complainant,
)
~u~,r~ontro! Board
vs.
No.~L/~
GREG PREY, individually and doing
business as KING TIRE,
)
(Enforcement)
Respondent.
COMPLAINT
The PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of the Defendant, GREG
PREY, individually and doing business as King Tire, as follows:
COUNT I
TIRE REGISTRATION VIOLATIONS
1. This Complaint is brought on behalf of the People of the
State of Illinois, by Lisa Madigar~, the Attorney General of the State
of Illinois, on her own motion and at the request of the Illinois
Environmental Protection Agency (“Illinois
EPA”),
pursuant to the
terms and provisions of Section 31 of the Illinois Environmental
Protection Act (“Act”), 415 ILCS 5/31(2002).
2. The Illinois EPA is an agency of the State of Illinois
created by the Illinois General Assembly in Section 4 of the Act, 415
ILCS 5/4 (2002), and charged,
inter alia,
with the duty of enforcing
the Act.
3. The Respondent,. GREG PREY, is and was at all times relevant
to this Complaint, the owner and operator of a tire retail business
(“facility”) known as King Tire, located at 237
1st
Street, LaSalle,
1
LaSalle County, Illinois. The facility stores and sells new and used
tires. The Respondent is also a registered tire transporter in the
State of Illinois.
4. Section 55(d) (1) of the Act, 415 ILCS 5/55(d) (1) (2002),
provides as follows:
(d) Beginning January 1, 199~, no person shall cause or
allow the operation of: (1) a tire storage site which
contains more than 50 used tires, unless the owner or
operator, by January 1, 1992 (or the January 1 following
commencement of operation, whichever is later) and January 1
of each year thereafter, (i) registers the site with the
Agency, (ii) certifies to the Agency that the site complies
with any applicable standards adopted by the Board pursuant
to Section 55.2, (iii) reports to the Agency the number of
tires accumulated, the status of vector controls, and the
actions taken to handle and process the tires, and (iv) pays
the fee required under subsection (b) of Section 55.6;
5. Section 55.6(b)of the Act, 415 ILCS 5/55.6(b) (2002),
provides as follows:
(b) Beginning January 1, 1992, in addition to any other fees
required by law, the owner or operator of each site required
to be registered under subsection (d) of Section 55 shall
pay to the Agency an annual fee of $100. Fees collected
under this subsection shall be deposited into the
Environmental Protection Permit and Inspection Fund.
6. Section 21(k) of the Act, 415 ILCS 5/21(k) (2002), provides
as follows:
Sec. 21. Prohibited acts. No person shall:
***
(k) Fail or refuse to pay any fee imposed under this
Act.
7. From January 1, 2001 and through at least October 5, 2001,
the Respondent stored more than 50 used tires and up to 2400 new, used
and waste tires at his facility in LaSalle, Illinois.
2
8. From January 1, 2001 and through at least October 5, 2001,
Respondent failed to register as a tire storage site.
9. From January 1, 2001 and through at least October 5, 2001,
Respondent failed to pay the annual registration fee of $100.00.
10. As of at least June 17, 2003, Respondent registered as a
tire storage site
and paid the annual registration fee.
11.
By failing to register as a tire storage site, Respondent
violated Section 55(d)
(1) of the Act, 415 ILCS 5/55(d) (1) (2002).
12. By failing to pay the annual registration fee of $100.00,
Respondent violated Sections 55.6(b) and 21(k) of the Act, 415 ILCS
5/55.6(b)
,
5/21(k) (2002)
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS,
respectfully request that the Board enter an order against the
Respondent, GREG PREY, individually and doing business as King Tire,
on this Count I:
A. Authorizing a hearing in this matter, at which time, the
Respondent will be required to answer the allegations herein;
B. Finding that Respondent has violated Sections 55(d) (1),
55.6(b), and 21(k) of the Act, 415 ILCS 5/55(d) (1), 55.6(b), and
5/21(k) (2002);
C. Ordering Respondent to cease and desist from any further
violations of Sections 55(d)(1), 55.6(b), and 21(k) of the Act, 415
ILCS 5/55(d) (1), 55.6(b), and 5,121(k) (2002);
D. Assessing against Respondent a civil penalty of fifty
thousand dollars ($50,000.00) for each violation, plus ten thousand
dollars ($10,000) per day for each day of each violation;
3
E. Ordering Respondent to pay all Costs, including attorney,
expert witnesses and consultant fees expended by the State in its
pursuit of this action; and
F. Granting such other relief as the Board may deem appropriate
and just.
COUNT II
TIRE STORAGE VIOLATIONS
1-7. Complainant realleges and incorporates by reference herein
paragraphs 1 through 7 of Count I as paragraphs 1 through 7 of this
Count II.
8. Respondent’s operation of the facility is subject to the Act
and the Rules and Regulations promulgated by the Illinois Pollution
Control Board (“Board”)
.
The Board’s regulations for used and waste
tires are found in Title 35, Subtitle G, Chapter I, Subchapter m, of
the Illinois Administrative Code (“Board Regulations for Used and
Waste Tires”)
9. Section 55(a) (4) and 55(e) of the Act, 415 ILCS 5/55(a) (4),
5/55(e) (2002), provide, in pertinent part, as follows:
(a) No person shall:
***
(4)
Cause or allow the operation of a tire
storage site except in compliance with Board
regulations.
***
(e)
No person shall cause or allow the storage, disposal,
treatment or processing of any used or waste tire in
violation of any regulation or standard adopted by the
Board.
4
10. Section 848.202(b) of the Board Regulations for Used and
Waste Tires, 35 Ill. Adm. Code 848.202(b), provides, in pertinent
part, as follows:
***
b) At sites at which more than 50 used or waste tires are
located the owner or operator
shall
comply with the
following requirements:
1) Used or waste tires shall not be placed on or
accumulated in any pile outside of any building unless
the pile is separated from all other piles by no less
than 25 feet and aisle space is maintained to allow
the unobstructed movement of personnel and equipment.
2)
Used or waste tires shall not be accumulated in
any area located outside of any building unless the
accumulation is separated from all buildings, whether
on or off the site, by no less than 25 feet.
**
*
4) Used or waste tires shall be drained
of water on
the day of generation or receipt.
5)
Used or waste tires received at
the site shall
not be stored unless within 14 days after the redeipt
of any
used tire the used tire is altered,
reprocessed, converted, covered or otherwise prevented
from accumulating water.
**
*
11.
On October 5, 2001, and on other dates better known to the
Respondent, the Respondent stored tires outside of his building and
did not have enough aisle space to allow the unobstructed movement of
personnel and equipment between the piles
of used and waste tires.
12. On October 5, 2001, and on
other dates better known to the
Respondent, the Respondent did not maintain the piles of
used or waste
tires
so that the piles were separated from the facility’s buildings
by a
distance of at least 25
feet.
5
13.
On October 5, 2001, and on other dates better knownto the
Respondent, the Respondent failed to drain water from all used or
waste tires on the day of
generation or receipt.
14.
On October 5, 2001, and on other dates better known to the
Respondent, the Respondent stored used or waste
tires for more than 14
days without altering, reprocessing,
converting, covering, or
otherwise preventing the tires from accumulating water.
15. As of at least
June 17,
2003, Respondent has maintained
adequate aisle space
outside of the building, has maintained the piles
of used tires with
more than 25 feet of separation from the facility,
has drained water from the tires on the day of receipt, and has stored
tires for
more than 14 days while preventing the tires from
accumulating water.
16.
By
failing to maintain adequate aisle space to allow the
unobstructed movement of personnel and equipment between piles of used
or waste tires outside of the building, the Respondent has violated
Sections 55(a) (4) and (e) of the Act, 415 ILCS 5/55 (a) (4)and(e) (2002),
and 35 Ill. Adm. Code 848.202(b) (1)
17. By failing to maintain
the piles
of used or waste tires so
that the piles were separated from the facility’s buildings by a
distance of at least 25 feet, the Respondent has violated Sections
55(a) (4) and (e) of the Act, 415 ILCS 5/55(a) (4) and (e) (2002), and
35 Ill. Adm. Code 848.202(b) (2).
18. By failing to drain
water from all used or waste tires on
the day of generation or receipt, the Respondent has violated
Sections
6
55(a) (4) and (e) of the Act, 415 ILCS 5/55(a) (4) and (e) (2002), and
35 Ill. Adm. Code 848.202(b) (4).
19. By storing used or
waste tires
for more than 14 days without
altering, reprocessing, converting, covering, or otherwise
preventing
the tires from accumulating water, the Respondent has violated
Sections 55(a) (4) and (e) of the Act, 415 ILCS 5/55(a) (4) and (e)
(2002), and 35 Ill. Adm. Code 848.202(b) (5).
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS,
respectfully request that the Board enter an order against the
Respondent, GREG PREY, individually and doing business as King Tire,
on this Count II:
A. Authorizing a hearing in this matter, at which time, the
Respondent will be required to answer the allegations herein;
•
B. Finding that Respondent has violated Sections 55(a) (4) and
(e) of the Act, 415 ILCS 5/55(a) (4) and (e) (2002), and 35 Ill. Adm.
Code 848.202(b) (1), (2), (4), and (5);
C.
•
Ordering Respondent to cease and desist from any further
violations of Sections 55(a) (4) and (e) of the Act, 415 ILCS
5/55(a) (4) and (e) (2002), and 35 Ill. Adm. Code 848.202(b) (1), (2),
(4)
,
and (5)
D.
Assessing against Respondent
a civil penalty of fifty
thousand dollars ($50,000.00) for each violation, plus ten thousand
dollars ($10,000) per day for each day of each violation;
E. Ordering Respondent to pay all costs, including attorney,
expert witnesses and consultant fees expended by the~State in its
pursuit of this action; and
7
F. Granting such other relief as the Board may deem appropriate
and just.
COUNT III
•
TIRE TRANSPORTER VIOLATIONS
1-9. Complainant realleges and incorporates by reference herein
paragraphs 1 through 9 of Count II as paragraphs 1 through 9 of this
Count III.
10. Section 55(g) of the Act, 415 ILCS 5/55(g) (2002), provides,
in pertinent part, as follows:
•*
*
*
(g) No person shall engage in any operation as a used
or waste tire transporter except in compliance with
Board regulations.
11. Section
848.601(a) of the Board Regulations for Used and
Waste Tires, 35 Ill. Adm. Code 848.601(a), provides as follows:
Tire Transportation Prohibitions
(a) Except as provided in Subsection (c), no person
shall transport mor.e than
20 used or waste tires
in a vehicle unless the following requirements
are met.
1) The owner
or operator has registered the
vehicle with the Agency in accordance with
this Subpart, received approval of such
registration from the Agency, and
such
registration is
current, valid and in
effect.
2) The owner
or operator displays a placard on
the vehicle, issued by the Agency following
registration, in accordance with the
requirements of this Subpart.
**
*
8
12. On October 5, 2001, and on other dates better known to the
Respondent, the Respondent transported 20 or more used or waste tires
in a vehicle which had an expired transporter placard.
13. As of the year 2003, Respondent has used properly executed
transporter placards when transporting vehicles.
14. By transporting 20 or more used or waste tires in a vehicle
with expired transporter placards, Respondent has violated Section
55(g) of the Act, 415 ILCS 5/55(g)(2002), and 35 Ill. Adm. Code
848.601 (a)
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS,
respectfully request that the Board enter an order against the
Respondent, GREG PREY, individually and doing business as King Tire,
on this Count III:
A. Authorizing a hearing in this matter, at which time, the
Respondent will be required to answer the allegations herein;
B. Finding that Respondent has violated Section 55(g) of the
Act, 415 ILCS 5/55(g) (2002), and 35 Ill. Adm. Code 848.601(a);
C. Ordering Respondent to cease and desist from any further
violations of Section 55(g) of the Act, 415 ILCS 5/55(g) (2002), and 35
Ill. Adm. Code 848.601(a);
D. Assessing against Respondent a civil penalty of fifty
thousand dollars ($50,000.00) for each violation, plus ten thousand
dollars ($10,000) per day for each day of each violation;
E. Ordering Respondent to pay all costs, including attorney,
expert witnesses and consultant fees expended by the State in its
pursuit of this action; and
9
F. Granting such other relief as the Board may deem appropriate
and just.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
Assistant Attorney Gei~era1
OF COUNSEL:
Paula Becker Wheeler
Assistant Attorney General
Environmental Bureau
188 West Randolph Street,
20th
Floor
Chicago, Illinois 60601
(312) 814-1511
H: \common\Environmental\BECKER WHE~LE1~\PREY,GREG\prey complaint
.wpd
10
CERTIFICATE OF SERVICE
I, PAULA
BECKER
WHEELER,
an attorney, do certify that I
caused to be served this 14th day of July, 2003, the foregoing
Complaint and Notice of Filing upon the persons listed on said
Notice, by Certified Mail.
&~
••~ ~
PAULA BECKER
WHEELER