ILLINOIS POLLUTION CONTROL BOARD
    June 3, 2004
     
    CITY OF CHICAGO DEPARTMENT OF
    ENVIRONMENT,
     
    Complainant,
     
    v.
     
    KENNETH HARRIS,
     
    Respondent.
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    AC 04-68
    (CDOE No. 04-03-AC)
    (Administrative Citation)
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On April 23, 2004, the City of Chicago Department of Environment timely filed an
    administrative citation against Kenneth Harris.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm.
    Code 108.202(c). The City of Chicago Department of Environment alleged that Kenneth Harris
    violated (p)(1) and (p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and
    (p)(7) (2002)) (Act). The City of Chicago Department of Environment further alleges that
    Kenneth Harris violated these provisions by causing or allowing the open dumping of waste in a
    manner that resulted in (1) litter and (2) deposition of general construction or demolition debris
    or clean construction or demolition debris at 4802 West Chicago Avenue, Chicago, Cook
    County.
     
    As required, the City of Chicago Department of Environment served the administrative
    citation on Kenneth Harris within “60 days after the date of the observed violation.” 415 ILCS
    5/31.1(b) (2002);
    see also
    35 Ill. Adm. Code 108.202(b). To contest an administrative citation, a
    respondent must file a petition with the Board no later than 35 days after being served with the
    administrative citation. If the respondent fails to do so, the Board must find that the respondent
    committed the violations alleged and impose the corresponding civil penalty. 415 ILCS
    31.1(d)(1) (2002); 35 Ill. Adm. Code 108.204(b), 108.406. Here, Kenneth Harris failed to timely
    file a petition. Accordingly, the Board finds that Kenneth Harris violated Section 21(p) of the
    Act.
     
    The civil penalty for violating Section 21(p) is $1,500 for a first offense and $3,000 for a
    second or subsequent offense. 415 ILCS 5/42(b)(4-5) (2002); 35 Ill. Adm. Code 108.500(a).
    Because there are two violations of Section 21(p) and these violations are first offenses, the total
    civil penalty is $3,000. Under Section 31.1(d)(1) of the Act, the Board attaches the
    administrative citation and makes it part of the order below.
     
    This opinion constitutes the Board’s finding of fact and conclusions of law.
     
    2
    ORDER
     
    1.
    Kenneth Harris must pay a civil penalty of $3,000 no later than July 3, 2004,
    which is the 30th day after the date of this order.
     
    2.
    Kenneth Harris must pay the civil penalty by certified check or money order,
    made payable to the City of Chicago. The case number, case name, and Kenneth
    Harris’s social security number or federal employer identification number must be
    included on the certified check or money order.
     
    3.
    Kenneth Harris must send the certified check or money order and the remittance
    form to:
     
    City of Chicago Department of Environment
    Permitting and Enforcement Division
    30 North LaSalle Street
    Suite 2500
    Chicago, Illinois 60602
     
    4.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    5.
    Payment of this penalty does not prevent future prosecution if the violations
    continue.
     
    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) (2002);
    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on June 3, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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