ILLINOIS POLLUTION CONTROL BOARD
    January 18, 2001
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    LARRY BARRY, INC. d/b/a LARRY’S
    MARATHON WAREHOUSE,
    Respondent.
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    PCB 01-8
    (Enforcement – Land, Tires)
    ORDER OF THE BOARD (by C.A. Manning):
    On July 17, 2000, the People of the State of Illinois (complainant) filed a two-count
    complaint against respondent Larry Barry, Inc. d/b/a Larry’s Marathon Warehouse (Barry).
    The complaint alleges Barry stored used or waste tires capable of accumulating water at its
    facilities located at 1109 North Webster Street and 401 North Webster Street, Taylorville,
    Christian County, Illinois. These activities were in alleged violation of Sections 21(d) and (e),
    and 55(a)(4) and (e) of the Environmental Protection Act (Act) (415 ILCS 5/21(d), (e),
    55(a)(4), (e) (1998)), the Board’s waste disposal regulations at 35 Ill. Adm. Code
    848.202(b)(5). The complaint also alleges that Barry accumulated tires outside a building
    within 25 feet of the its facility at 401 North Webster Street. This activity was in alleged
    violation of 35 Ill. Adm. Code 848.202(b)(5).
    On January 11, 2001, the parties filed a stipulation and proposal for settlement,
    accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
    the Act (415 ILCS 5/31(c)(1) (1998)). Barry admits all the violations contained in the
    complaint except the violation of 35 Ill. Adm. Code 848.202(b)(5). Barry proposes to pay a
    $2,500 penalty.
    Pursuant to Section 31(c)(2) of the Act, the complainant may file with the Board a
    stipulation and proposal for settlement accompanied by a request for relief from the hearing
    requirement. 415 ILCS 5/31(c)(2) (1998). Unless the Board determines that a hearing is
    needed, the Board is required to publish notice of the stipulation and proposal for settlement
    and request for relief from the hearing requirement.
    Accordingly, the Board directs the Clerk of the Board to cause publication of the
    required newspaper notice. Any person may file a written demand for hearing within 21 days
    of the published notice. If a hearing is requested, the Board will deny the parties’ request for
    relief and schedule a hearing.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 18th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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