ILLINOIS POLLUTION CONTROL BOARD
April 19, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
RON FISHER MOTORSPORTS, INC., an
Illinois corporation d/b/a F & L SALVAGE
Respondent.
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PCB 06-193
(Enforcement – Land, Air)
ORDER OF THE BOARD (by A.S. Moore):
On June 29, 2006, the Office of the Attorney General, on her own motion and at the
request of the People of the State of Illinois (People), filed a four-count complaint against Ron
Fisher Motorsports, Inc. d/b/a F & L Salvage (Ron Fisher Motorsports).
See
415 ILCS
5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege that Ron Fisher Motorsports
violated Sections 9(a) and (c); 21(a), (e), (f), (f)(2), and (p)(3); and 55(a) and (c) of the
Environmental Protection Act (Act) (415 ILCS 5/9(a) and (c); 21(a), (e), (f), (f)(2), and (p)(3);
and 55(a) and (c) (2004)) and 35 Ill. Adm. Code 703.121(a), 722.111, 848.202(b). The People
further allege that Ron Fisher Motorsports violated these provisions by (1) storing hazardous
waste without a permit; (2) failing to make the required hazardous waste determination; (3)
storing hazardous waste at a facility that did not fulfill applicable requirements; (4) causing or
allowing the open dumping of waste; (5) disposing of or abandoning waste at a site that did not
meet applicable requirements; (6) storing used or waste tires outside without cover and in a way
that they accumulated water; (7) failing to make the required notice of tire storage activity within
30 days; (8) causing or allowing the open burning of waste; (9) causing the open burning of
waste in a manner that resulted in open burning; and (10) causing, threatening, or allowing the
discharge of contaminants into the environment so as to cause or tend to cause air pollution. The
complaint concerns Ron Fisher Motorsports’ facility on Mitchell Lane, in Washington County.
On April 16, 2007, the People and Ron Fisher Motorsports 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) (2004)). This filing is authorized by Section 31(c)(2)
of the Act (415 ILCS 5/31(c)(2) (2004)).
See
35 Ill. Adm. Code 103.300(a). Under the proposed
stipulation, Ron Fisher Motorsports does not admit the alleged violations but agrees to pay a civil
penalty of $7,000.
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) (2004); 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 April 19, 2007, by a vote of 3-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board