ILLINOIS POLLUTION CONTROL BOARD
    June 3, 2004
     
    CITY OF CHICAGO DEPARTMENT OF
    ENVIRONMENT,
     
    Complainant,
     
    v.
     
    K. HARRIS TRUCKING AND
    EXCAVATING COMPANY,
     
    Respondent.
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    AC 04-70
    (CDOE No. 04-05-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 K. Harris Trucking and Excavating Company.
    See
    415 ILCS
    5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The City of Chicago Department of
    Environment alleged that K. Harris Trucking and Excavating Company violated Section 21(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 K. Harris Trucking
    and Excavating Company 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 329 North Pulaski Road, Chicago,
    Cook County.
     
    As required, the City of Chicago Department of Environment served the administrative
    citation on K. Harris Trucking and Excavating Company 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, K. Harris Trucking and Excavating Company failed to timely file a petition.
    Accordingly, the Board finds that K. Harris Trucking and Excavating Company 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.
    K. Harris Trucking and Excavating Company 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.
    K. Harris Trucking and Excavating Company must pay the civil penalty by
    certified check or money order, made payable to the City of Chicago. The case
    number, case name, and K. Harris Trucking and Excavating Company’s social
    security number or federal employer identification number must be included on
    the certified check or money order.
     
    3.
    K. Harris Trucking and Excavating Company 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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