ILLINOIS POLLUTION CONTROL BOARD
    October 7, 2004
     
    CITY OF CHICAGO DEPARTMENT OF
    ENVIRONMENT,
     
    Complainant,
     
    v.
     
    BOVIS LEND LEASE, INC.,
     
    Respondent.
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    AC 05-14
    (CDOE No. 04-10-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On August 17, 2004, the City of Chicago Department of Environment timely filed an
    administrative citation against Bovis Lend Lease, Inc. (Bovis Lend Lease).
    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 July 20, 2004 Bovis Lend Lease violated Sections 21(p)(1) and
    (p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (p)(7) (2002)). The
    City of Chicago Department of Environment further alleges that Bovis Lend Lease 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 2011 West Roosevelt Road, Chicago, Cook County.
     
    As required, the City of Chicago Department of Environment served the administrative
    citation on Bovis Lend Lease 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 5/31.1(d)(1) (2002); 35 Ill. Adm. Code 108.204(b), 108.406. Here, any inspection for
    review was due on September 21, 2004. Bovis Lend Lease failed to timely file a petition.
    Accordingly, the Board finds that Bovis Lend Lease 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.
    Bovis Lend Lease must pay a civil penalty of $3,000 no later than November 6,
    2004, which is the 30th day after the date of this order.
     
    2.
    Bovis Lend Lease must pay the civil penalty by certified check or money order,
    made payable to the City of Chicago. The case number, case name, and Bovis
    Lend Lease’s social security number or federal employer identification number
    must be included on the certified check or money order.
     
    3.
    Bovis Lend Lease 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
    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 October 7, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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