ILLINOIS POLLUTION CONTROL BOARD
September 3,
1992
ILLINOIS ENVIRONMENTAL,
PROTECTION AGENCY,
)
Complainant,
v.
)
AC 92—57
)
(IEPA No.
340-92-AC)
WESTERN LION, LIMITED,
)
(Administrative Citation)
)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a July 21,
1992
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, but will not be
printed in the Board’s Opinion Volumes.
Service of the
Administrative Citation was made upon Western Lion,
Limited on
July 17, 1992.
The Agency alleges that on May 20,
1992, Western
Lion, Limited, present owner and/or operator of a facility
located in Coles County,
and commonly known to the Agency as
Mattoon/Western Lion, violated Section 21(o) (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 31.1(d) (2) of the Act.
Therefore, pursuant
to Section 31.1(d) (1), 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.
1.
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, Illinois
62706
01 35-O5L~9
2
2. Respondent shall include the remittance form and write the
case name and number and their social security or federal
Employer Identification Number on the certified check or
money
order.
3. Penalties unpaid after the due date shall accrue interest
pursuant to Section 42(g)
of the Illinois Environmental
Protection Act.
4. Payment of this penalty does not prevent future prosecution if
•this violation continues.
Section 41 of the Environmental Protection Act,
Ill.
Rev.
Stat.
1989,
ch.
111½,
par. 1041, provides for appeal of final
Orders of the Board within 35 days.
The Rules of the Supreme
Court of Illinois establish filing requirements.
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
~‘~—.-(~
day of
,
1992,
by a vote
ofZL~ii~.
~
~.
Dorothy N. G~L Clerk
Illinois Po11~tionControl Board
0550