ILLINOIS POLLUTION CONTROL BOARD

June 2, 1988

IN THE MATTER OF:

WESTERN LION LIMITED,

)

AC 88—32

(IEPA Docket No. 8928—AC)

Respondent.

ORDER OF THE BOARD:

This matter comes before the Board upon an April 18, 1988

filing of an Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act (Act) by the Illinois

Environmental Protection Agency (Agency). A copy of that

Administrative Citation is attached hereto. Service of the

Administrative Citation was made upon Western Lion Limited on

April 14, 1988. The Agency alleges that Western Lion Limited has

violated Section 21(p)(5) of the Act. The statutory penalty

established for this violation is $500.00 pursuant to Section

42(b)(4) of the Act.

Western Lion Limited has not filed a Petition for Review

with the Clerk of the Board within 35 days of the date of service

as allowed by Section 3l.l(d)(2) of the Act. Therefore, pursuant

to Section 31.l(d)(l), the Board finds that Western Lion Limited

has violated the provision alleged in the Administrative

Citation. Since there is one (1) such violation, the total

penalty to be imposed is set at $500.00.

It is hereby ordered that, unless the penalty has already

been paid, within 30 days of the date of this Order Western Lion

Limited shall, by certified check or money order payable to the

State of Illinois and designated for deposit into the

Environmental Protection Trust Fund, pay a penalty in the amount

of $500.00 which is to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, IL 62706

IT IS SO ORDERED.

90—85

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—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on the

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day of

,

1988, by a vote of

7-~

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

90—86

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ILL:~0iS

ENVIRO~ Ef~TAL PROTECTION ~GEN

AD~1INISTRATIVE CITATION

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IN THE MATTER OF:

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WESTERN LION LIMITED,

)

IEPA DOCKET 110. 8928-AC

an Illinois corporation,

Respondent.

)

J URI S DI CT I ON

This Administrative Citation is issued pursuant to the authority

vested in the Illinois Environmental Protection Agency by Public Act

84—1320 (111. Rev. Stat. 1986, Suop., ch. 111½, par. 1031.1).

FACTS

1. That Respondent, Western Lion Limited, is the present

operator of a facility located in the County of Champaign, State of

Illinois.

2. That said facility is operated as a sanitary landfill,

operating under Illinois Environmental Protection Agency Operating

Permit No. 1984-15-OP, and designated with Site Code No. 0198270010.

Said facility is commonly known to the Agency as Urbana/Urbana Landfill #3.

3. That Respondent has operated said facility at all times

pertinent hereto.

4. That on February 25, 1988, Clifford Wheeler, of the Illinois

Environmental Protection Agency, inspected the above-described landfill

facility. A copy of the inspection report setting forth the results

of such inspection is attached hereto and made a part hereof.

90—87

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VIOLATIONS

On the basis of direct observation of Clifford Wheeler, the Illinois

Environmental Protection Agency has determined that Respondent was

conducting a sanitary landfill operation at the above—described facility,

which is required to have a permit pursuant to Ill. Rev. Stat. 1985,

ch. 111½, par. 1021(d), in a manner which resulted in the following

conditions:

A. On February 25, 1988, said landfill had uncovered refuse remaining

from a previous operating day, in violation of Ill. Ret. Stats.

1986 Supp., ch. 111~, par. 1021(p)(5).

CIVIL PENALTY

Pursuant to Public Act 84-1320 (Ill. Rev. Stat. 1986 Supp., ch.

111½, par. 1012(b)(4)), Respondent herein is subject to a civil penalty

of Five Hundred Dollars (S500.OC) for each violation specified above

in Paragraph A, for a total of Five Hundred Dollars ($500.00).

Additionally, should you elect to petition the Illinois Pollution Control

Board under the review process described hereinbelow, and if there

is a finding of the violations alleged herein, after an adjudicatory

hearing, you shall be assessed the associated hearing costs incurred

by the Illinois Environmental Protection Agency and the Illinois

Pollution Control 3oard, in addition to the Five Hundred Dollar ($500.00)

statutory penalty for each finding of violation.

2

90—88

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If you acknowedqe the violations cited hereinabove, the civil

penalty specified above shall be due anc payable no later than May

21, 1988. If you do not petition the Illinois Pollution Control

Board for review of this Administrative Citation within thirty-five

(35) days of service hereof or if you elect to contest this

Administrative Citation, any judgment rendered aQainst you shall specify

the due date of the statutory civil penalty and any costs assessed

against you.

When payment is made, your check should be made payable to the

Illinois Environoiental Protection Trust fund and mailed to the attention

of Fiscal Services, Illinois Environmental Protection Agency, 2200

Churchill Road, P.O. Box 19276, Springfield, Illinois 62794-9276.

Also, please complete and return the enclosed Remittance Form, along

with your payment, to assure proper documentation of payment.

If any civil penalty, by reason of acknowledgment, default or

finding after adjudicatory hearing, is not paid when due; the Illinois

Environmental Protection Agency shall take into consideration such

failure to pay during any permit review process upon your application

for a new permit or for renewal of an existing permit. Furthermore,

if payment is not received when due, the Offices of the Illinois Attorney

General shall be requested to initiate proceedings in Circuit Court

to collect said civil penalty. In addition to the previously assessed

civil penalty, and hearing costs of the Illinois Environmental Protection

Agency and the Illinois Pollution Control Board, if any; the Attorney

General’s Office will seek to recover their costs of litigation.

3

90—89

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PROCEDURE

FOR CONTESTING THIS

ADM:NISTRATI’/E CITATION

You have the right to contest this Administrative Citation. See

Public Act 84—1320 (ill. Rev. Stat. 1986 Sup~.

,

ch. 111½, par. 1031 .1).

If you elect to contest this Administrative Citation, you must file

a Petition for Review with the Clerk of the Illinois Pollution Control

Board. A copy of the Petition for Review should be filed with the

Illinois Environmental Protection Agency. Such Petition for Review

must be filed within thirty-five (35) days of the date of service of

this Administrative Citation, or a default judgment shall be entered

by the Pollution Control Board. The Petition for Review may be filed

with the Clerk of the Illinois Pollution Control Board at the State

of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois

60601; and, a copy of said Petition for Review filed with the Illinois

Environmental Protection Agency at 2200 Churchill Road, P.O. Box 19276,

Springfield, Illinois 62794—9276, Attention: Enforcement Services.

Richard J. Carlso

e99

Director

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Illinois Environmental Protection Agency

Date: April 13, 1988

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