ILLINOIS POLLUTION CONTROL BOARD
    February 15, 2001
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    LARRY BARRY, INC. d/b/a LARRY’S
    MARATHON WAREHOUSE,
    Respondent.
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    PCB 01-8
    (Enforcement – Land, Tires)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On July 17, 2000, the People of the State of Illinois (People) filed a two-count
    complaint against respondent Larry Barry, Inc. d/b/a Larry’s Marathon Warehouse (Barry).
    The complaint alleges Barry stored used or waste tires capable of accumulating water at its
    facilities located at 1109 North Webster Street and 401 North Webster Street, Taylorville,
    Christian County, Illinois. These activities were in alleged violation of Sections 21(d) and (e),
    and 55(a)(4) and (e) of the Environmental Protection Act (Act) (415 ILCS 5/21(d), (e);
    55(a)(4), (e) (1998)), and the Board’s waste disposal regulations at 35 Ill. Adm. Code
    848.202(b)(5). The complaint also alleges that Barry accumulated tires within 25 feet of a
    building at its facility located at 401 North Webster Street. This activity was an alleged
    violation of 35 Ill. Adm. Code 848.202(b)(2).
    On January 11, 2001, the parties filed a joint stipulation and proposal for settlement,
    accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
    the Act (415 ILCS 5/31(c)(1) (1998)). Pursuant to Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (1998)), the Board caused publication of the required newspaper notice of the
    stipulation and proposal for settlement and request for relief from the hearing requirement.
    The notice appeared in
     
    The Breeze-Courier
    on January 12, 2001. The Board did not receive
    any requests for hearing. Accordingly, the Board grants a waiver from the hearing
    requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Barry admits the
    violations alleged in count I of the complaint, but does not admit accumulating tires within 25
    feet of a building at its facility located at 401 North Webster Street, in violation of 35 Ill.
    Adm. Code 848.202(b)(2). Barry agrees to pay a civil penalty of $2,500.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. Barry must continue to comply with any federal, State, or local regulations including,
    but not limited to, the Act and the Board’s regulations.
    2
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    ORDER
    1. The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Larry Barry, Inc. d/b/a Larry’s Marathon
    Warehouse (Barry). The stipulation and settlement agreement is incorporated
    by reference as though fully set forth herein.
    2.
     
    Barry must pay a civil penalty of $2,500. Payment must be made within 30
    days of the date of this order, that is, on or before March 17, 2001. Such
    payment must be made by certified check or money order payable to the
    Treasurer of the State of Illinois, for deposit in the Environmental Protection
    Trust Fund. The case number, case name, and Barry’s federal employer
    identification number 37-1367320 must also be included on the certified check
    or money order and clearly indicate that payment is directed to the
    Environmental Protection Trust Fund.
    3. The check or money order must be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Donna Lutes, Environmental Bureau
    Office of the Attorney General
    500 South Second Street
    Springfield, Illinois 62706
    4.
     
    Any such penalty not paid within the time prescribed incurs interest at the rate
    set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act (35
    ILCS 5/1003 (1998)), as now or hereafter amended, from the date payment is
    due until the date payment is received. Interest does not accrue during the
    pendency of an appeal during which payment of the penalty has been stayed.
    5.
     
    Barry must cease and desist future alleged violations of any federal, State, or
    local statutes and regulations.
    3
    6.
     
    This order covers all claims asserted in the complaint filed herein concerning
    violations of the Act (415 ILCS 5/1
    et seq.
    (1998)), and the regulations
    promulgated thereunder. Covered matters do not include:
    a. Criminal liability;
    b. Claims based on Barry’s failure to meet the requirements of this order;
    c. Liability for future violation of State, local, federal, and common laws
    and/or regulations; and
    d. Any future liability for natural resource damage or for removal,
    cleanup, or remedial action as a result of a release of hazardous
    substances or the liability of Barry under Section 22.2(f) of the Act
    (415 ILCS 5/22.2(f) (1998)), or under the Comprehensive
    Environmental Response, Compensation and Liability Act (42 U.S.C
    §§ 9601-9675).
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this order. Illinois Supreme Court Rule 335 establishes such filing requirements.
    See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.520, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 15th day of February 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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