ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    BI STATE TIRE, INC., an Illinois corporation,
     
    Respondent.
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    PCB 03-117
    (Enforcement - Land)
    ORDER OF THE BOARD (by D.C. Karpiel):
     
    On February 5, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Bi State Tire, Inc. (Bi State Tire). The People
    alleged that Bi State Tire violated the Environmental Protection Act (Act) (415 ILCS 5/55(a)(4),
    (e) (2002)) and Board regulations (35 Ill. Adm. Code 848.202(b)(1), (4), (5), (c)(5)) by creating
    used or waste tire piles outside without adequate aisle space, by failing to timely drain water
    from and prevent water from accumulating in used or waste tires, and, for a site with more than
    500 used or waste tires, by improperly placing or accumulating used or waste tires.
    See
    415
    ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The complaint concerns Bi State Tire’s tire
    business facility located at 730 31st Avenue in Rock Island, Rock Island County.
     
    On July 3, 2003, the People filed a stipulation and proposed settlement with Bi State Tire,
    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) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed settlement, Bi State
    Tire does not admit the alleged violations and agrees to pay a civil penalty of $6,000.
     
    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 request for relief and hold a hearing.
    See
    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.
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on July 10, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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