PEOPLE OF THE STATE OF ILLINOIS, )
by LISA MADIGAN, Attorney General
)
ofthe State ofIllinois,
)
)
V.
P & J SUP~RAUTO BODY SHOP, INC.
an Illinois Corporation, and JULIO
GALLEGOS, an illinois resident,
NOTICE OF FILING
TO:
Mr. Julio Gallegos
P&J Super Auto Body, Inc.
6809 North Clark Street,
Chicago, Illinois
PLEASE TAKE NOTICE that I have today flIed the Complaint with the Office ofthe
Clerk ofthe Illinois Pollution Control Board, a true and correct copy ofwhich is attached hereto
and herewith served upon you. Pursuant to
35
Ill. Adm. Code 103.204(f), I am required to advise
you that failure to file an answer to this Complaint within 60 days mayhave severe
consequences. Failure to answerwill mean that all allegations in the Complaint will be taken as
if admitted for purposes ofthis proceeding. Ifyou have any questions about this procedure, you
should contact the hearing officer assigned to this proceeding, the Clerk’s Office or an attorney.
Pursuant to
415
ILCS
5/31
(c)(l), I am requiredto advise you that financing may be available
through the Illinois Environmental Facilities Financing Act to correct the violations
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
ofthe State ofillinois
BY:
tVL~
BRDGEJ M. CARLSON
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
(312) 814-0608
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Complainant,
R ECE~ ~ C
CLE9K’S
QF~CP
JUN29 2004
STATE OF lL~’:~
Pollution ~
Respondent.
)
PCBNo.
________
)
(Enforcement)
)
)
)
)
)
)
Mr. Julio Gallegos
4200 West Palmer Street
Chicago, Illinois 60639
ILLINOIS POLLUTION CONTROL
BOARD’
PEOPLE OF THE STATE OF ILLINOIS, )
)
Complainant,
)
p & J SUPER AUTO BODY SHOP, INC. )
an Illinois Corporation, and JULIO
GALLEGOS, an Illinois resident,
)
Respondent.
)
)
(Enforcement)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN,
Attorney General of the State ofillinois, on her own motion and’ at the request ofthe illinois
Environmental Protection Agency (“Illinois EPA”), complains ofRespondent, P & J SUPER
AUTO BODY SHOP, INC. and JULIO GALLEGOS, as follows:
COUNT!
USED TIRE VIOLATIONS
1.
This Complaint is brought on behalfofthe People ofthe State ofIllinois,
exrel.
Lisa Madigan, the Attorney General ofthe State of Illinois, on her own motion and at the request
ofthe Illinois Environmental Protection Agency (“Illinois EPA”), pursuant to the terms and
provisions ofSection 31 ofthe Illinois, Environmental, Protection Act (“Act”), 415 ILCS 5/31
(2002)
2.
The, Illinois EPA is an administrative agency ofthe State ofIllinois created by the
Illinois General Assembly in Section 4 ofthe Act, 415 ILCS 5/4 (2002), and charged,
inter cilia,
with the duty ofenforcmg the Act
3.
The Respondent, P& J SUPER AUTO BODY SHOP, INC. (P &J), was a
corporation in good standing until January 2, 2Q04 when the corporation was involuntarily
v.
RECEnJE~.
CLERK’S ,OFFIC~
JUN 29 2004
STATE OF JLL)~
PolluUon C~ritro~
H~rI1
)
)
dissolved by the State ofIllinois Secretary of State. ‘P & J owns and operates a tire retail business
located at 6809 North Clark Street, Chicago, Cook County, Illinois (“Site”).
4.
The’ Respondent, JULIO GALLEGOS (“Gallegos”), is and was at all times
relevant to this Complaint the owner and operator,ofP & J. Gallegos is the president and
registered agent ofP & J, and directs the day-to-day Operations ofthe Site, including the
direction and placement ofused tires at the Site. Gallegos has personally met,and communicated
with the Illinois EPA, met and commumcated with the Attorney General’s Office, and has
knowledge of the environmental violations as referenced herein
5
The Site is an automotive repair services facility and a new and used tire retailer
that stores and sells new and used tires The Respondents also accept tires for recycling
6
Respondents’ operation ofthe Site is subject to the Act and the Rules and
Regulations promulgated by the Illinois Pollution Control Board (“Board”)
h
7
On orbefore April 24, 2003, or at a time better known to Respondents, the
Respondents commenced a retail tire business which stored more than fifty
(50)
used tires on the
premises The Respondents had not notified the Illinois EPA ofthis ongoing activity as ofthe
date of an April 2003 Illinois EPA inspection As of the most recent IEPA inspection on June 4,
2004, Respondents stored approximately 250 used tires on Site
8
Section
55(c)
ofthe Act, 415 IILCS
5/55(c)(2002),
provides, in pertment part, as
follows:
I
,
(c)
On or before January 1, 1990, any person who operates a tire storage site
or a tire disposal site which contains more than 50 used or waste tires ‘shall
give notice ofsuch activity to the Agency. ‘Any person engaging in such
activity for the first time after January 1, 1990, shall giYe notice to the
Agency within 30 days after’the date ofcommencement ofthe activity.
The form of such notice shall be’ specified by the Agency and shall be,
limited to information regarding the following
2
,
(1)
the name and address ofthe owner and operator;
(2)
the name, address and location ofthe operation;
“
‘
(3)
the type of operations involving used and waste tires (storage,
disposal, conversion orprocessing); and
(4)
the number of.used and waste tires present at the location.
9.
Section 3.3 15 ofthe Act, 415 ILCS
5/3.3
15 (2002), provides the following
definition:
,
‘,
,
‘
‘
‘
U,
“PERSON” is any individual, partnership, co-partnership, firm, company, limited
liability company, corporation, association, joint-stock company, trust, estate,
‘
political subdivision, state agency, or any other legal entity, or their legal
representative, agent, or assigns.
,
‘
10.
Respondent, P & J is a corporation and is therefore’a “person”, as that term is
defined by Section 3 315 ofthe Act, 415 ILCS
5/3
315 (2002) Respondent, Gallegos is an
individual and is therefore a “person” as that term is defined by Section 3 315 ofthe Act, 415
ILCS 5/3 315 (2002)
11.,
By failing to notif~,’the Illinois EPA of their operation oftire storage Site within
30 days of commencing theirbusiness, Respondents P & J and Gallegos violated Section
5
5(c) of
the Act, 415 ILCS
5/55(c)(2002)
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, requests that the
Board enter an order in favor ofComplamant and against Respondents, P & J SUPER AUTO
BODY SHOP, INC. and JULIO GALLEGOS on this Count I:’
‘
1
Authorizing a heanng in this matter, at which time the Respondents will be
required to answer the allegations herein;
“ ‘
‘
,
,
‘
2
Finding that the Respondents have violated Section 5
5(c)
ofthe Act, 415 ILCS
5155(c)(2002),
3
Ordenng the Respondents to cease and desist from any further violations of
3,,
4
Section
55(c)
ofthe Act, 415 ILCS /55(c)(2002);
‘
4.
Assessing against the Respondents a civil penalty ofFifty Thousand Dollars
($50,000.00) for each and every violation ofthe Act and pertinent regulations, and an additional
civil penalty ofTen Thousand Dollars ($10,000.00) ‘for each day ofthe continued violation;
5.
Ordering the Respondents to pay all costs, including attorney, expert witness and
consultant fees expended by the State in its pursuit ofthis action; and
‘
6
Granting such other relief as the Board deems appropriate and just
COUNT!!
‘
,~
‘
‘
‘ ‘
FAILURE TO POST WRITTEN NOTICE FOR USED
TIRE
RECYCLING
1-9
Complainant realleges and incorporates herein by reference paragraphs 1
through 7 and paragraph’s 9 and 10 of’Count las paragraphs 1 through 9 in this Count II.
10.
Beginning at least on April 24, 2003,’ and continuing to date better known to
Respondents, Respondents failed to post a written notice informing customers ofthe proper’
method oftire disposal at the Site.’,
‘
‘
‘
‘
‘ ‘
11
Section 55 8(a)(3) ofthe Act, 415 ILCS
5/55
8(a)(3)(2002), provides, in pertinent
part, as follows:
‘
‘‘ ,
,
,!
,
I
Sec 55 8 Tire retailers
(a)
Beginning July 1, 1992, any person selling tires at retail or offering
tires for retail sale in this, State shall:
*
*,*,
,
,
,
,
(3)
‘
post ‘in a con’spicuous place a written notice at least 8.5 by
11 inches in size that includes the universal recycling
,
‘
symbol and the following statements: “DO NOT put used
tires in the trash”, “Recycle your used tires
“,
and “State
law requires us’to accept used tires’ for recycling, in”
exchange for new tires purchased”
12.
‘
By selling tires at retail or offering tires for retail’ sale in illinois after July 1, 1992
and failing to post a written notice at least 8.5 by 11 inches in size that includes the universal
recycling symbol and informing customers ofthe proper method ofdisposing ofused tires, the
Respondents violated Section 55.8(a)(3) ofthe Act, 415 ILCS 55.8(a)(3)(2002).
‘
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, requests that the
Board enter an order in favor ofComplainant and against Respondents, P & J SUPER AUTO
BODY SHOP, INC. and JULIO GALLEGOS on this Count II:
‘
1.
Authorizing a hearing in this matter, at which time the Respondents will be
required to answer the allegations herein;
‘
‘U
,
‘
I
2.
Finding that the Respondents have violated Section 55.8(a)(3) ofthe Act, 415
ILCS
5/55.8(a)(3)(2002);
3.
Ordering the Respondents to cease and desist from any further violations of
Section
55.8(a)(3)
ofthe Act, 415 ILCS
5/55.8(a)(3)(2002);
‘
‘
4.
Assessing against the Respondents a civil penalty of Fifty Thousand Dollars
($50,000.00) for each and every violation ofthe Act and pertinent regulations, and an additional
civil penalty ofTen Thousand Dollars ($10,000.00) for eachday ofthe continued violation;
5.
Ordering the Respondents to pay all costs, including attorney, expert witness and
consultant fees expended by the State in its pursuit ofthis action; and
6.
Granting such other relief as the ,Board deems appropriate and just.
COUNT III
‘
‘
ALLOWING USED TIRES TO ACCUMULATE FOR MORE THAN 90 DAYS
1-9
Complainant realleges and incorporates herein by reference paragraphs 1
5
through 7 and paragraphs 9 and 10 ofCount I as paragraphs 1’through 9 in this Count ifi.
10.
Section
55.8(b)
ofthe Act, 415 ILCS
5/55.8(b)(2002),
provides, in pertinent
part,asfo1low~:
‘
,
I
‘~
,
,‘ ‘
“
,
‘
‘
‘
Sec. 55.8. Tireretailers.
I
,
I ‘, , ,
, ,
‘
‘
‘
(b) A person who accepts used tires for recycling under subsection (a)
shall not allow the tires to accumulate far periods ofmore than 90
days.
,
‘
‘
‘‘
‘
11.
‘
Respondents accept used tires for recycling. Respondents, as ofJune 4, 2004,
accumulated approximately 250 used tires on-Site. Respondents failed to provide tire
accumulation documentation detailing the’ times whenused tires accumulated or documentation
detailing times when used tires were removed from the Site by a registered tire transporter
12
On information and belief, the Respondents have stored used or waste tires on
Site for more than 90 days
13
By storing used or waste tires on the Site formore than 90 days, the Respondents
have violated Section
55
8(b) ofthe Act, 415 ILCS
55
8(b)(2002)
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, requests that the
Board enter an order in favor ofComplainant and against Respondents, P & J SUPER AUTO
BODY SHOP, INC and JULIO GALLEGOS on this Count ffi
1
Authorizing a hearing m this matter, at which time the Respondents will be
required to answer the allegations herein,
I
2
Finding that the Respondents have violated Section
55
8(b) ofthe Act, 415 ILCS
5/55
8(b)(2002),
3
Ordering the Respondents to cease and desist from any further violations of
Section
55
8(b) ofthe Act, 415 ILCS
5/55
8(b)(2002),
6
4.
Assessing against the Respondents a civil penalty ofFifty Thousand Dollars
($50,000.00) for each and every violation ofthe Act and pertinent regulations, and an additional
civil penalty ofTen Thousand Dollars ($10,000.00) for each day ofcontinued violation;
5.
Ordering the Respondents to pay all costs, including attorney, expert witness and
consultant fees expended by the State in its pursuit ofthis action; and
‘
‘
6.
Granting such other relief as the Board deems appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN, Attorney General
ofthe State ofIllinois
‘ ‘ ,
MATTHEW J.~DUNN, Chief
‘
‘
Environmental Enforcement!
,
Asbestos Litigation Division
-
By
ROSE
-‘
~SAZ-EA~U,Chie-~
‘
‘ ‘ ‘
Environmental Bureau
~--~_.~_
Assistant Attorney General
‘
OfCounsel:
,
‘
‘
,
BridgetM. Carison
‘
‘
‘
‘
‘
‘
Assistant Attorney General
‘
‘
‘
,
‘ ‘
‘
Environmental Bureau North
‘
,
‘
‘
,
,
,
I
188 W. Randolph St., 20thFloor
•,
,
“ ‘
, ‘ ‘
Chicago, Illinois 60601
‘
‘
‘
‘
‘
(312)814-0608
‘ ‘
‘ ‘
“
7
CERTIFICATE OF SERVICE
It is hereby certifiedthat a true and correct copy ofthe Complaint was sent by certified
mail with return receipt requested to each ofthe persons listed on the Notice ofFiling on June
29, 2004.
‘
‘
BY:
________
BRIDG&F M. CARLSON
It is hereby certified that the originals plus nine (9) copies ofthe foregoing were hand-
delivered to the following person on June 29, 2004:
‘
‘
Pollution Control Board, Attn: Clerk
James R. Thompson Center
‘,
100 West Randolph Street, Suite 11-500
‘
,Chicago, Illinois 60601
‘
‘
BY:
‘,
‘ ,
BRID
M.CARLSON
‘
‘
