Monday, March 8, 2010

$7,000 Settlement of State Enforcement Action Alleging Violations of Tire Storage Regulations

On February 18, 2010, the Illinois Pollution Control Board accepted a settlement in People v. Marathon Tire Service of Olney, Inc., IPCB No. 10-19, which concerned a retail tire business and general automotive repair shop located at 220 N. West Street in Olney, Richland County, Illinois.

The State alleged that the defendant violated the Illinois Environmental Protection Act 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.

According to U.S. EPA's website, "a tire's physical structure, durability, and heat-retaining characteristics make these stockpiles a potential threat to human health and the environment.  The curved shape of a tire allows rainwater to collect and creates an ideal habitat for rodents and mosquitoes.  Prone to heat retention, tires in stockpiles also can ignite, creating tire fires that are difficult to extinguish and can burn for months, generating unhealthy smoke and toxic oils.  Illegal tire dumping pollutes ravines, woods, deserts, and empty lots. For these reasons, most states have passed scrap tire regulations requiring proper management."

Under the terms of the settlement, the defendant admits the alleged violations and agrees to pay a civil penalty of $7,000.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

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