ILLINOIS POLLUTION CONTROL BOARD
June 6, 1996
IN THE MATTER OF:
PETITION OF TOMMY HOUSE TIRE
COMPANY FOR AN ADJUSTED
STANDARD FROM 35 ILL. ADM. CODE
848.202
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AS 95-1
(Adjusted Standard - Land)
ORDER OF THE BOARD (by M. McFawn):
This matter is before the Board on a April 25, 1996 motion for reconsideration filed by
petitioner Tommy House Tire Company (Tommy House). The Illinois Environmental
Protection Agency (Agency) filed a response to the motion for reconsideration on May 7,
1996.
In its motion for reconsideration, Tommy House requests that the Board reconsider the
requirement that all buildings at Tommy House’s facility be equipped with an automatic fire
alarm system connected to the local fire department, imposed as a condition in the March 21,
1996 final order granting Tommy House’s request for an adjusted standard. In support of its
request for relief from this requirement, Tommy House states that it has purchased a new
facility, and will be moving to that facility beginning April 1, 1997. Tommy House states that
at that time, all tires which are now stored outdoors will be stored indoors and under cover.
Tommy House states that it has contacted suppliers of automatic fire alarm systems, and has
received cost estimates for such systems ranging from $1,350.00 to $1,500.00 per building,
with additional annual costs of $300.00 to $360.00 per building. No supporting
documentation has been provided. Tommy House states that there are six buildings at its
facility which would be subject to the fire alarm requirement.
Tommy House asks that the Board reconsider its imposition of the condition requiring
Tommy House to install an automatic fire alarm system, given the cost of such a system, and
given the new circumstance that Tommy House will be moving to a new facility in April,
1997. Tommy House states that it has a fire contingency plan in place, which contains
protective measures which will mitigate the environmental harm caused by a tire fire at its
facility.
In its response to the motion for reconsideration, the Agency states that it has no
objection to allowing Tommy House to follow its fire contingency plan in lieu of installing an
automatic fire alarm system, if Tommy House is required to comply with several conditions.
The Agency’s proposed conditions are as follows: 1) Tommy House should be required to
comply with all other requirements of the Board order and the fire contingency plan; 2)
Tommy House should be required to keep the facility locked when its personnel are not
present on site; 3) Tommy House should be required to maintain a record of any discrepancies
from the contingency plan; 4) if Tommy House remains at the present site past April 1997,
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Tommy House should be required to inform the Board and the Agency in order to allow
review of the requested change at that time, or, alternatively, the fire alarm condition should
only be stayed until April 30, 1997.
In ruling on a motion for reconsideration the Board is to consider, but is not limited to,
error in the decision and facts in the record which may have been overlooked. (35 Ill. Adm.
Code 101.246(d).) In Citizens Against Regional Landfill v. County of Board of Whiteside
(March 11, 1993), PCB 93-156, we stated that "[t]he intended purpose of a motion for
reconsideration is to bring to the court's attention newly discovered evidence which was not
available at the time of hearing, changes in the law or errors in the court's previous application
of the existing law. (Korogluyan v. Chicago Title & Trust Co. (1st Dist. 1992), 213
Ill.App.3d 622, 572 N.E.2d 1154, 1158.)"
We find that the motion for reconsideration presents the Board with a substantial
change in the petitioner’s situation which was not made a part of the record in this proceeding
prior to the issuance of our March 21, 1996 opinion and order. Furthermore, we find that this
change affects the extent to which relief should be granted in this adjusted standard
proceeding. Accordingly, we grant the petitioner’s motion to allow reconsideration of the
requirement that petitioner install a fire alarm system.
Because Tommy House will be remaining at its present facility only until April 1997,
we find that the expense of installing an automatic fire alarm system at the present facility is
not justified. We find that all other conditions of the adjusted standard and contingency plan
are appropriate, and will remain in force, as recommended by the Agency. This includes the
requirement that Tommy House keep the facility locked when its personnel are not present at
the site. We further find that the additional condition recommended by the Agency, that
Tommy House be required to maintain a record of any discrepancies from the contingency
plan, is an appropriate addition, and will include it as part of the adjusted standard.
Furthermore, because Tommy House will only be at the present site until April, 1997, we find
that it is appropriate to include a “sunset clause” which terminates the adjusted standard as of
April 30, 1997. Finally, Tommy House shall be required to notify the Agency of the status of
its relocation efforts as of April 30, 1997.
The attached order vacates and supersedes the Board’s final order issued March 21,
1996, and reflects the above determinations.
ORDER
Tommy House Tire Company, Inc. (Tommy House) is hereby granted an adjusted
standard, pursuant to 415 ILCS 5/28.1, applicable to Tommy House's facility located at 304
E. Macon Street, Decatur, Illinois (the site), subject to the provisions and conditions listed
below. This order replaces and supersedes the Board’s final order issued in this matter on
March 21, 1996, which is hereby vacated.
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a)
Scope of Exemption. The storage limitation for whole tires specified at Section
848.202(b)(5) and the pile and building separation distance specified at Section
848.202(b)(2) do not apply at the site.
b)
Alternate Management Standards. As part of the contingency plan requirements
of Section 848.203 Tommy House shall:
1)
Within 30 days after the adoption of this adjusted standard, develop and
implement a tire storage plan to minimize the threat of fire and mosquito
breeding. The plan shall include, but is not limited to, tire storage
arrangements, aisle space, access to fire fighting personnel and
equipment and mosquito inspection and control. The plan must also
include the following:
a)
the maximum number of tires that will be stored at the site;
b)
the maximum number of tires that will be stored outside;
c)
a diagram of the site, including the location of each tire pile;
d)
a narrative description of the location of each outside tire pile;
e)
a description of the cover used for each pile, whether wooden
top-covers or tarps;
f)
the distance that will be maintained between each tire pile and the
nearest building;
g)
the turn over time for the rejected tire storage trailer once it is
full, which shall not exceed 14 days;
h)
a requirement that each pile shall have a maximum height of 12
tires;
i)
a requirement that an aisle space of at least two feet will be
maintained between rows of tires;
j)
a requirement that the facility gate be locked during non-business
hours;
k)
a requirement that Tommy House immediately seek and
implement another means of waste tire disposal if the number of
waste tires stored on-site exceeds 1,000 tires;
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l)
a requirement that Tommy House dispose of waste tires from its
national accounts after they have been stored on the site for two
months, whether or not they have been inspected and verified by
the national account customer;
m)
a requirement that Tommy House conduct and maintain a log of
at least one fire control inspection of each of tire storage area per
eight hour working shift, with records of such inspections to be
retained for a period of at least three years;
n)
a requirement that Tommy House conduct and maintain a log of
at least weekly mosquito control inspections of all outside tire
piles, with records of such inspections to be retained for a period
of at least three years; and
o)
a requirement that Tommy House maintain a log of any
deviations from the contingency plan, with such record to be
retained for a period of at least three years.
2)
Within 30 days after the adoption of this adjusted standard, request and
submit to the Illinois Environmental Protection Agency (Agency) a
statement from the Illinois Department of Public Health (Department)
that the program developed under subsection (b)(1) is adequate to control
mosquito larvae and pupae; except that, if the Department has not sent a
statement within 45 days after receipt of the request, such statement need
not be submitted and the Agency shall make such a determination. If the
Department or the Agency determines that the plan submitted by Tommy
House is inadequate, this adjusted standard shall not be effective until
such time as an amended plan is approved. Tommy House has the
burden of demonstrating that the threat of mosquito breeding has been
minimized. Requests for such statements of determination shall be sent
to:
Division of Environmental Health
Office of Health Protection
Illinois Department of Public Health
525 W. Jefferson Street
Springfield, Illinois 62761
3)
Within 30 days after the adoption of this adjusted standard, a copy of the
Alternative Management Plan shall be submitted to the Agency and to
the
Pollution Control Board.
4)
This adjusted standard terminates on April 30, 1997.
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5)
Tommy House shall notify the Agency of the status of its relocation
efforts as of April 30, 1997.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
the appeal of final Board orders within 35 days of the date of service of this order. The Rules
of the Supreme Court of Illinois establish filing requirements. (See also 35 Ill.Adm.Code
101.246 "Motions for Reconsideration.")
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the _____ day of ___________, 1996, by a vote of
______________.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board