ILLINOIS POLLUTION CONTROL BOARD
    October 16, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    MARATHON ASHLAND PIPELINE, L.C.C.,
    a Delaware limited liability company,
     
    Respondent.
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    PCB
    04-46
     
    (Enforcement - Air)
     
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On October 3, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Marathon Ashland Pipeline, L.C.C.
    (Marathon Ashland Pipeline).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. At
    issue is the People’s allegation that Marathon Ashland Pipeline violated Section 9(a) of the
    Environmental Protection Act (Act) (415 ILCS 5/9(a) (2002)) and 35 Ill. Adm. Code
    215.121(b)(1) and 215.123(b)(1). The People further allege that Marathon Ashland Pipeline
    violated these provisions by the loss of 3,998 barrels of gasoline and emission of more than 470
    tons of volatile organic material from the collapse of a floating roof tank roof, from not properly
    operating the tank roof, and from sorting gasoline without a vapor control device. The complaint
    concerns Marathon Ashland Pipeline’s petroleum storage tank and pipeline facility at 5825 East
    Cumberland Road, Martinsville, Chicago, Cook County.
     
    On October 3, 2003, the People and Marathon Ashland Pipeline 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) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, the Marathon Ashland Pipeline neither admits nor denies the alleged violations and
    agrees to pay a civil penalty of $55,000.
     
    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) (2000); 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 October 16, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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