ILLINOIS POLLUTION CONTROL BOARD
    August 19, 2004
     
    CITY OF CHICAGO DEPARTMENT OF
    ENVIRONMENT,
     
    Complainant,
     
    v.
     
    GENE EVANS,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
    AC 04-88
    (CDOE No. 04-09-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On June 28, 2004, the City of Chicago Department of Environment timely filed an
    administrative citation against Gene Evans.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
    108.202(c). The City of Chicago Department of Environment alleged that on May 5, 2004, Gene
    Evans violated Section 21(p)(1) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1)
    (2002)). The City of Chicago Department of Environment further alleges that Gene Evans
    violated this provision by causing or allowing the open dumping of waste in a manner that
    resulted in litter at 4401 West Fifth Street, in Chicago, Cook County.
     
    As required, the City of Chicago Department of Environment served the administrative
    citation on Gene Evans 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 violation alleged and impose the corresponding civil penalty. 415 ILCS
    5/31.1(d)(1) (2002); 35 Ill. Adm. Code 108.204(b), 108.406. Here, any petition for review was
    due on August 10, 2004. Gene Evans failed to timely file a petition. Accordingly, the Board
    finds that Gene Evans 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 is one violation of Section 21(p) and this violation is a first offense, the total civil
    penalty is $1,500. 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.
     
    ORDER
     
    1. Gene Evans must pay a civil penalty of $1,500 no later than September 20, 2004,
    which is the 30th day after the date of this order.
     
    2
     
    2.
    Gene Evans must pay the civil penalty by certified check or money order, made
    payable to the City of Chicago. The case number, case name, and Gene Evans’s
    social security number or federal employer identification number must be
    included on the certified check or money order.
     
    3.
    Gene Evans 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 violation
    continues.
     
    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 August 19, 2004, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top