ILLINOIS POLLUTION CONTROL BOARD

June 7, 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)

OPINION AND ORDER OF THE BOARD (by A.S. Moore):

On June 29, 2006, the Office of the Attorney General, on its own motion and on

behalf 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 complaint concerns Ron Fisher

Motorsports’ facility on Mitchell Lane, in Washington County. The parties now seek to

settle. For the reasons below, the Board accepts the parties’ stipulation and proposed

settlement.

Under the Environmental Protection Act (415 ILCS 5/1

et seq

. (2004)), the

Attorney General and the State’s Attorneys may bring actions before the Board on behalf

of the People to enforce Illinois’ environmental requirements.

See

415 ILCS 5/31 (2004);

35 Ill. Adm. Code 103. In this case, 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.

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

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Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2004)), which requires that the public

have an opportunity to request a hearing whenever the State and a respondent propose

settling an enforcement action without a public hearing.

See

35 Ill. Adm. Code

103.300(a). The Board provided notice of the stipulation, proposed settlement, and

request for relief. The newspaper notice was published in the

Morning Sentinel

of

Centralia on April 19, 2007. 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) (2004); 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 Ron Fisher Motorsports’ 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) (2004)),

which bears upon the reasonableness of the circumstances surrounding the alleged

violations. The People and Ron Fisher Motorsports have satisfied Section 103.302. The

stipulation also addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h)

(2004), which may aggravate or mitigate the civil penalty amount. Ron Fisher

Motorsports does not admit the alleged violations but agrees to pay a civil penalty of

$7,000. The Board accepts the stipulation and proposed settlement.

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.

Ron Fisher Motorsports must pay a civil penalty of $7,000 no later than

Monday, July 9, 2007, which is the first business day after the 30th day

after the date of this order. Ron Fisher Motorsports must pay the civil

penalty by certified check, payable to the Illinois Environmental

Protection Agency and designated to the Illinois Environmental Protection

Trust Fund. The case number and case name must be included on the

certified check.

3.

Ron Fisher Motorsports must send the certified check to:

Illinois Environmental Protection Agency

Fiscal Services Section

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

4.

A copy of the certified check must be sent to:

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Jennifer Bonkowski

Assistant Attorney General

Environmental Bureau

500 S. 2nd St.

Springfield, IL 62702

Michael Roubitchek

Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

5.

Penalties unpaid within the time prescribed will accrue interest under

Section 42(g) of the Environmental Protection Act (415 ILCS 5/42(g)

(2004)) at the rate set forth in Section 1003(a) of the Illinois Income Tax

Act (35 ILCS 5/1003(a) (2004)).

6.

Ron Fisher Motorsports 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) (2004);

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 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, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board,

certify that the Board adopted the above opinion and order on June 7, 2007, by a vote of

4-0.

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John T. Therriault, Assistant Clerk

Illinois Pollution Control Board