ILLINOIS POLLUTION CONTROL BOARD
    May 19, 1988
    IN THE MATTER OF:
    BUCK LEWIS
    )
    AC 88—15
    (IEPA Docket No. 8843—AC)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon a March 25, 1988
    filing of an amended 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 amended Administrative Citation is attached hereto. The
    Agency alleges that Buck Lewis has violated Sections 2l(p)(5) and
    2l(p)(l2) of the Act.
    The
    statutory penalty established for
    these violations is $500.00 pursuant to Section 42(h)(4) of the
    Act.
    Therefore, pursuant to Section 31.l(d)(1), the Board finds
    that Buck Lewis has violated the provisions alleged in the
    amended 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, un
    eenait~has_a1~~1
    heer~ja~d,~hLi 30 days of the date of this Order Buck Lewis
    shall, by certified ehcck or money order payable to the State of
    Illinai.n an~ desicmated for deposit into the Environmental
    Protection Trust Fund, pay a penalty in the amount of $1,000.00
    which i~to he sent to:
    Illinoi~~Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois 62706
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Poilution Control
    Board, ~ereby certify that the above Order was adopted on the
    J~~day of~~
    ,
    1988, by a vote of
    7~O
    0
    Board
    89—307
    ©~o\wc~
    ILLINOIS ENVIRCNMENTAL PROTECTION AGENCY
    It~.\1
    ________________
    ~R25~88
    STAIE OF ILLINOIS
    AMENDED ADMINISTRATIVE CITATION
    ~
    IN THE MATTER OF:
    )
    )
    BUCK LEWIS,
    )
    PCB DOCKET NO.
    AC 88-15
    Respondent
    (1E/’1~
    7p~-,~~
    JURISDICTION
    This Amended Adninistrative Citation is issued pursuant to
    the authority vested in the Illinois Environmental Protection Agency
    by Public Act 84-1320 (Iii. Rev. Stat. 19E6, Supp., ch. 111½, par.
    1031 .1).
    FACTS
    1. That Respondent is the presert operator of a facility located
    in the County of Cass, State of Illinois.
    2. That said facility is operated as a sanitary landfill,
    operating under Illinois Environmental Protection Agency Operating
    Permit No. 1974-15-OP, and designated with Site Code No. 0178050001.
    Said facility is comn-only known to the Agency as Beardstown/Lewis.
    3. That Respondent has operated said facility at all times
    pertinent hereto.
    4. That on January 6, 1988, Clifford Wheeler, of the Illinois
    Environmental Protection Agency, inspected the above—described landfill
    facility. A ccpy of the inspection report setting forth the results
    of such inspection is attached hereto and made a part hereof.
    89—308
    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 January 6, 1988 said landfill facility operated with uncovered
    refuse remaining from a previous operating day, in violation of
    Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 1O21(p)(5).
    B. On January 6, 1988 said landfill facility operated while having
    failed to collect and contain litter from the site by the end
    of a previous operating day, in violation of Ill. Rev. Stat. 1986
    Supp., ch. 111½, par. lO2l(p)(12).
    CIVIL PENALTY
    Pursuant to Public Act 84-1320 (Ill. Rev. Stat. 1986 Supp., ch.
    111½, par. lO42(b)(4)), Respondent herein is subject to a civil penalty
    of Five Hundred Dollars ($500.00) for each violation specified above
    in Paragraphs A through B, for a total of One Thousand ($1,000.00)
    Dollars. 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 Board, in addition to the Five Hundred
    Dollar ($500.00) statutory penalty for each finding of violation.
    89—309
    If you acknowledge the violations cited hereinabove, the civil
    penalty specified above shall be due and payable no later than March
    30, 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 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
    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.
    89—310
    PROCEDURE FOR CONTESTING THIS
    ADMINISTRATIVE CITATION
    You have the right to contest this Administrative Citation. See
    Public Act 84—1320 (Ill. Rev. Stat. 1986 Supp., 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. Carl~j~,Director
    —
    Illinois Environmental Protection Agency
    Date: March 23, 1988
    89—3 11
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    REMITTANCE FORM
    IN THE MATTER OF:
    )
    )
    BUCK LEWIS,
    )
    PCB NO. AC 88-15
    )
    Respondent
    )
    FACILITY: Beardstown/Lewis
    SITE CODE NO: 0178050001
    COUNTY: Cass
    CIVIL PENALTY: $1,000.00
    DATE OF INSPECTION: January 6, 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.
    89—312
    STATE OF ILLINOIS
    COUNTY OF SANGP1NON
    )
    )
    )
    PROOF OF SERVICE
    I, the undersigned, on oath state that I have served the attached
    upon the person to
    whom it is directed, by placing a copy
    Ms. Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
    State of Illinois Center
    100 West Randolph, Suite 11-500
    Chicago, IL 60601
    Mr. George S. McClure
    Attorney at Law
    113-115 State Street
    P. 0. Box 170
    Beardstown, IL 62618-0170
    in an envelope addressed to:
    Mr. Buck Lewis
    802 Canal Street
    Beardstown, IL 62618
    and mailing it from Springfield, Illinois, on March 23
    19 88
    ,
    with sufficient postage affixed, certified mail, return receipt
    requested.
    .~
    19~~
    /-~
    Notary Public
    ~L 532-0772
    AQM
    45
    Rev.
    6/82
    MOTION
    SUBSCRIBED AND SWORN TO BEFORE ME
    this 23rd day of March
    OPFiCIAj
    SEAL
    BAR8Ap~K
    MCGEE
    NOTARY
    PU~ij0
    STATE OF
    SLLJNOtS
    7v~y
    CC~MMtSSI0NEXPiRES 4-t3.9~
    89—3 13
    0 i 8-003

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