ILLINOIS POLLUTION CONTROL BOARD
September 21, 2006
CITY OF CHICAGO DEPARTMENT OF
ENVIRONMENT,
Complainant,
v.
MR. BULT’S, INC.,
Respondent.
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AC 06-59
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On June 29, 2006, the City of Chicago Department of Environment timely filed an
administrative citation against Mr. Bult’s, Inc. (Mr. Bult’s).
See
415 ILCS 5/31.1(c) (2004); 35
Ill. Adm. Code 108.202(c). The City of Chicago Department of Environment alleged that on
May 23, 2006, Mr. Bult’s violated Section 21(p)(1) of the Environmental Protection Act (Act)
(415 ILCS 5/21(p)(1) (2004)). The City of Chicago Department
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Under Section 31.1(b) of the Act, the City of Chicago Department of Environment was
required to serve the administrative citation on Mr. Bult’s within “60 days after the date of the
observed violation.” 415 ILCS 5/31.1(b) (2004);
see also
35 Ill. Adm. Code 108.202(b). The
City of Chicago Department of Environment has failed to file proof that Mr. Bult’s was timely
served. Mr. Bult’s has not made any filing that would allow the Board to find that this
respondent timely received service. The Board therefore dismisses the administrative citation
for lack of timely service on respondent.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2004);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on September 21, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
