ILLINOIS POLLUTION CONTROL BOARD
    February 23, 1989
    IN THE MATTER OF:
    )
    WESTERN LION,
    LTD.,
    )
    AC 89-4
    (IEPA Docket No. 9354—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board
    upon
    a January
    9,
    1989
    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 on January
    6,
    1989.
    The Agency alleges
    that Western Lion has violated Sections
    21(p)(5)
    and 21(p) (12)
    of the Act.
    The statutory penalty
    established
    for each of these violations
    is $500.00 pursuant
    to
    Section 42(b)(4)
    of the Act.
    Western Lion 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.l(d)(2)
    of the Act.
    Therefore, pursuant to
    Section 3l.l(d)(1),
    the Board finds
    that Western Lion has
    violated
    each and every provision alleged
    in the Administrative
    Citation.
    Since there
    are two
    (2)
    such violations,
    the total
    penalty
    to be
    imposed
    is set at $1,000.00.
    It
    is hereby ordered
    that,
    unless the penalty has already
    been paid, within 30 days of the date of this Order Western Lion
    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 $1,000.00
    which
    is
    to be sent
    to:
    Ilinois
    Environmental
    Protection
    Agency
    Fiscal
    Services
    Division
    2200 Churchill
    Road
    Springfield,
    IL 62706
    IT
    IS
    SO ORDERED.
    96—339
    —2—
    I, Dorothy
    M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi
    that the above Order was adopted on the
    ________day of
    ,
    1989, by a vote of
    7-~
    ution Control Board
    Illinois P0.
    96—340
    ~‘
    JAN-9t989
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    JV~
    —
    Si~,TEOF
    ~
    ADMINISTRATIVE CITATION
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY
    ,Qc..
    ~_I
    v.
    )
    IEPA DOCKET NO. 9354-AC
    )
    WESTERN LION,
    Ltd.,
    Inc.
    )
    )
    Respondent.
    )
    JURISDICTION
    This Administrative Citation is issued pursuant to authority vested
    in the
    Illinois Environmental
    Protection Agency by Public Act 84-1320
    (Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par.
    1031.1).
    FACTS
    1.
    That Respondent
    is the present operator of
    a facility located
    in the County
    of Coles, State of Illinois.
    2.
    That said facility
    is operated as
    a
    sanitary landfill, operating
    under Illinois Environmental Protection Agency Operating Permit
    No.
    1978-16-OP, and designated with Site Code No.
    0298050006.
    Said facility
    is commonly
    known
    to the Agency
    as Western Lion Ltd.
    3.
    That Respondent has owned or operated said facility at all
    times pertinent hereto.
    4.
    That on November
    29,
    1988,
    I4illiam Zierath, 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.
    96—341
    VIOLATIONS
    On the basis of direct observation of William Zierath, 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.
    1987,
    ch.
    111½,
    par.
    1021(d),
    in
    a manner which
    resulted in the following
    conditions:
    A.
    That on November 29, 1988 an on-site inspection of said sanitary
    landfill
    facility and
    a
    review of Illinois Environmental Protection
    Agency files and records of said facility, disclosed the following:
    (1)
    Uncovered refuse remaining from a previous operating
    day,
    in violation of Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par.
    lO2l(p)(5).
    (ii)
    Failure
    to collect and contain litter from the site
    by the end of each operating day,
    in violation of Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½, par.
    102l(p)(12).
    CIVIL PENALTY
    Pursuant to Public Act 84-1320
    (Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½,
    par. 1042(b)(4)),
    Respondent herein
    is subject to
    a civil
    penalty of
    Five
    Hundred
    Dollars
    ($500.00)
    for
    each
    violation
    sr~cified a~ovcin
    Paragraphs A(i) and A(ii),
    for
    a total
    of One Thousand Dollars
    ($1,000.00).
    Additionally, should Respondent 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, Respondent
    shall
    be assessed the associated hearing costs
    2
    9 6—342
    incurred by the
    Illinois Environmental Protection Agency and the Illinois
    Pollution Control
    Board,
    in addition to the Five Hundred Dollar
    ($500.00)
    statutory penalty for each finding of violation.
    If you acknowledge the violations cited hereinabove,
    the civil
    penalty specified above
    shall
    be due and payable no
    later than February
    14, 1989.
    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 against 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 Environmental 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
    3
    96--343
    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.
    PROCEDURE FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have
    the right
    to contest this Administrative Citation.
    ~
    Public Act 84-1320 (Ill.
    Rev.
    Stat.
    1987,
    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.
    Bernard
    P.
    Killian, Director
    Illinois Environmental Protection Agency
    Prepared by:
    William Seltzer
    Illinois Environmental
    Protection Agency
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    IL
    62794-9276
    (217)782—5544
    Date:
    January 4,
    1989
    96—3L~4
    L1
    ~
    J~N
    —
    9
    1989
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    AFFIDAVIT
    __________
    IN THE MATTER OF:
    )
    WESTERN
    LION,
    Ltd.,
    INC.
    )
    IEPA
    DOCKET
    NO.
    9354~~AC
    Respondent
    )
    Affiant, William E.
    Zierath, being first duly sworn, voluntarily deposes and
    states as follows:
    1.
    Affiant is
    a field inspector employed by the Land Pollution
    Control
    Division of the Illinois Environmental
    Protection Agency and has
    been
    so employed at
    all
    times pertinent hereto.
    2.
    On November 29,
    1988,
    between 7:15 a.m.
    and 8:50
    a.ni.,
    Affiant
    conducted an inspection
    of the sanitary landfill
    in Coles County,
    Illinois,
    known
    as Western Lion, Ltd. Landfill,
    Illinois Environmental
    Protection Agency
    Site No. 0298050006, operating under IEPA Permit No. 1978-16-OP.
    3.
    Affiant inspected said Western Lion,
    Ltd.
    Landfill site by an
    on—site inspection which included walking
    the site, and interviewing
    persoi;nel.
    4.
    Before and/or after
    said inspection
    of said landfill
    site, Affiant
    reviewed Illinois Environmental Protection Agency permits issued
    to the
    subject site and investigated
    into whether or not required documents were
    timely filed
    on behalf of the subject site.
    96—345
    5.
    As
    a result of
    the activities referred
    to in Paragraphs
    3 and 4
    above, Affiant completed the Inspection Report form attached hereto and made a
    part hereof, which,
    to the best of Affiant’s knowledge and belief,
    is an
    accurate representation of Affiant’s observations and factual conclusions with
    respect to Western Lion,
    Ltd. Landfill.
    Subscribed and Sworn
    to before me
    this
    ‘?tt~day
    of
    ___________
    1988.
    •~7~
    ~
    Notary Public
    r~
    __
    *
    J~4N—91989
    ~
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    ____
    REMITTANCE FORM
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY
    )
    v.
    )
    IEPA DOCKE
    NO. 9354-AC
    WESTERN LION,
    LTD.,
    INC.
    Respondent.
    )
    FACILITY:
    Western Lion, Ltd.,
    Inc.
    SITE CODE NO:
    0298050006
    COUNTY:
    Coles
    CIVIL
    PENALTY:
    $1,000.00
    DATE
    OF
    INSPECTION:
    November 29,
    1988
    DATE REMITTED:
    ___________________________
    SIGNATURE:
    ________________________________
    NOTE
    Please enter the date of your remittance and sign this Remittance
    Form.
    Be sure your check is enclosed and mail,
    along with Remittance Form,
    to
    Illinois Environmental Protection Agency, Attention:
    Fiscal
    Services,
    2200
    Churchill
    Road,
    P.O.
    Box
    19276,
    Springfield,
    Illinois
    62794—9276.
    96—347

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