ILLINOIS POLLUTION CONTROL BOARD
    March 20, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    DAVID COHEN d/b/a DAVE’S AUTO
    REPAIR AND SERVICE,
     
    Respondent.
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    PCB 00-165
    (Enforcement - UST)
     
    ORDER OF THE BOARD (by W.A. Marovitz):
     
    On March 27, 2000, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against David Cohen d/b/a Dave’s Auto Repair and
    Service (Cohen).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People
    allege that Cohen violated Section 57.6(a) of the Environmental Protection Act (Act) (415 ILCS
    5/57.6(a) (2002)), and 35 Ill. Adm. Code 732.100(c), 732.200, 732.202(c), and 732.202(e) of the
    Board’s regulations. The People further allege that Cohen failed to submit the proper reports
    following a release of petroleum from an underground storage tank. The complaint concerns
    Cohen’s auto repair facility at 7 East Main Street, Lake Zurich, Lake County.
     
    On March 10, 2003, the People and Cohen 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) (2002)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2000)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, Cohen
    neither admits nor denies the alleged violations and agrees to pay a civil penalty of $5,000.
     
    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
    hearing. 415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 20, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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