ILLINOIS POLLUTION CONTROL BOARD
October 16, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
GARY CATES, d/b/a CHERRY STREET
AUTOMOTIVE, CALVIN BOOTH, d/b/a
AUTO SALVAGE ILLINOIS, and S.I.
PROMOTION FLORA, INC.,
Respondents.
)
)
)
)
)
)
)
)
)
)
)
)
PCB 08-26
(Enforcement – Land)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On October 1, 2007, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a one-count complaint against Gary Cates, doing business as
Cherry Street Automotive, and against Calvin Booth, doing business as Auto Salvage Illinois, an
assumed name for S.I. Promotion Flora, Inc. (collectively, respondents). The complaint concerns
alleged auto salvage operations at 810 Elm Street in Carmi, White County. The parties now seek
to settle without a hearing. For the reasons below, the Board accepts the parties’ stipulation and
proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), 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 (2006); 35 Ill. Adm. Code 103.
In this case, the People allege that respondents violated Sections 21(a) and 55(a)(1) of the Act
(415 ILCS 5/21(a), 55(a)(1) (2006)) by causing or allowing the open dumping of, respectively,
waste and used or waste tires.
On August 20, 2008, the People and respondents 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) (2006)). This filing is authorized by Section 31(c)(2) of the Act
(415 ILCS 5/31(c)(2) (2006)), 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
Carmi
Times
on September 12, 2008. 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)
(2006); 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.
See
35 Ill. Adm. Code 103.302. These requirements
2
include stipulating to facts on the nature, extent, and causes of the alleged violations and the
nature of respondents’ 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) (2006)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. According to the
stipulation, respondent Gary Cates owned and operated a business known as Cherry Street
Automotive located at 810 Elm Street, Carmi, White County; respondent Calvin Booth owned
and conducted an auto salvage operation at that location under the name of Auto Salvage Illinois,
an assumed name for S. I. Promotion Flora, Inc., an Illinois for-profit corporation. Respondents
neither admit nor deny the alleged violations. The stipulation also addresses the factors of
Section 42(h) of the Act (415 ILCS 5/42(h) (2006)), which may mitigate or aggravate the civil
penalty amount. Respondents agree to pay a civil penalty of $8,000. The People and
respondents have satisfied Section 103.302. 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.
Respondents must pay a total civil penalty of $8,000 ($4,000 from each
respondent) by November 17, 2008, which is the first business day following the
30th day after the date of this order. Respondents must pay the civil penalty by
certified checks or money orders payable to the Illinois Environmental Protection
Agency, designated to the Illinois Environmental Protection Trust Fund. The case
name, case number, and respondents’ respective federal tax identification
numbers must appear on the face of the respective certified checks or money
orders.
3.
Respondents must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Respondents must send copies of the respective certified checks or money orders
and any transmittal letters to:
Environmental Bureau
Illinois Attorney General’s Office
500 South Second Street
Springfield, Illinois 62706
3
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
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) (2006);
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 Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on October 16, 2008, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
