ILLINOIS POLLUTION CONTROL BOARD
    January 7, 2010
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    MARATHON TIRE SERVICE OF OLNEY,
    INC., an Illinois corporation,
    Respondent.
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    PCB 10-19
    (Enforcement - Land)
    ORDER OF THE BOARD (by G.L. Blankenship):
    On September 8, 2009, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a three-count complaint against Marathon Tire Service of Olney,
    Inc. (Marathon). The complaint concerns Marathon’s retail tire business and general automotive
    repair shop located at 220 N. West Street in Olney, Richland County. The parties now seek to
    settle without a hearing. For the reasons below, the Board directs the Clerk to provide public
    notice of the parties’ stipulation, proposed settlement, and request for relief from the hearing
    requirement.
    Under the Environmental Protection Act (Act) (415 ILCS 5/1
    et seq
    . (2008)), the
    Attorney General and the State’s Attorneys may bring actions before the Board to enforce
    Illinois’ environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2008); 35 Ill.
    Adm. Code 103. In this case, the People allege that Marathon violated Sections 21(k), 55(a)(4),
    55(d), 55(e), and 55.6(b) of the Act (415 ILCS 5/21(k), 55(a)(4), 55(d), 55(e), 55.6(b) (2008))
    and Sections 848.202(b), 848.202(c), 848.302(a), and 848.303 of the Board’s regulations for
    managing used and waste tires (35 Ill. Adm. Code 848.202(b), 848.202(c), 848.302(a), and
    848.303). The People further allege that Marathon violated these provisions by (1) storing used
    or waste tires on the site for more than 14 days without altering, reprocessing, converting,
    covering, or otherwise preventing the tires from accumulating water; (2) failing to properly
    prepare a contingency plan, daily tire records, and an annual tire summary and by conducting a
    tire storage operation in violation of the Board’s recordkeeping and reporting requirements; and
    (3) failing to pay the annual fees for a tire storage site.
    On December 28, 2009, the People and Marathon 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) (2008)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2008)), 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). Under the proposed stipulation, Marathon
    admits the alleged violations and agrees to pay a civil penalty of $7,000.
    2
    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.
    See
    415 ILCS 5/31(c)(2) (2008); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk to provide the required notice.
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on January 7, 2010, by a vote of 5-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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