ILLINOIS POLLUTION CONTROL BOARD
    January 22, 2004
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    MARATHON ASHLAND PIPELINE, L.L.C.,
    a Delaware limited liability company,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 04-46
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    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.L.C.
    (Marathon Ashland Pipeline).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The
    People allege that Marathon Ashland Pipeline violated Sections 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, Clark 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). The Board
    provided notice of the stipulation, proposed settlement, and request for relief from hearing. The
    Board published newspaper notice in the
    Guardian
    on October 27, 2003. The Board did not
    receive any requests for hearing. The Board grants the parties’ request for relief from the
    hearing requirement.
    See
    415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b).
     
    Section 103.302 of the Board’s procedural rules sets forth the required contents of
    stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
    stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
    Marathon Ashland Pipeline’s operations. Section 103.302 also requires that the parties stipulate
    to facts called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2002)). The People and
    Marathon Ashland Pipeline have satisfied Section 103.302. Marathon Ashland Pipeline neither
    admits nor denies the alleged violations but agrees to pay a civil penalty of $55,000. The Board
    accepts the stipulation and proposed settlement.
     
     
    2
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. Marathon Ashland Pipeline must pay a civil penalty of $55,000 no later than
    February 22, 2004, which is the 30th day after the date of this order. Marathon
    Ashland Pipeline must pay the civil penalty by certified check or money order,
    payable to the Environmental Protection Trust Fund. The case number, case
    name, and Marathon Ashland Pipeline’s federal employer identification number
    must be included on the certified check or money order.
     
    3. Marathon Ashland Pipeline must send the certified check or money order to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    4. Marathon Ashland Pipeline must simultaneously send a copy of the payment
    transmittal and certified check or money order to:
     
    Donna Lutes
    Office of the Attorney General
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
     
    5. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    6. Marathon Ashland Pipeline must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2002);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
     
    3
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on January 22, 2004 by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top