ILLINOIS POLLUTION CONTROL BOARD
    July 20, 2006
     
    CITY OF CHICAGO DEPARTMENT OF
    ENVIRONMENT,
     
    Complainant,
     
    v.
     
    MR. BULT’S, INC.,
     
    Respondent.
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    AC 06-46
    (CDOE No. 06-04-AC)
    (Administrative Citation)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On May 31, 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
    April 4, 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 of Environment further alleges
    that Mr. Bult’s violated this provision by causing or allowing the open dumping of waste in a
    manner that resulted in litter. The alleged violations occurred at 2040 East 106th Street,
    Chicago, Cook County.
     
    As required, the City of Chicago Department of Environment served 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). 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) (2004); 35 Ill. Adm. Code 108.204(b), 108.406. Here, any petition for review was
    due on June 30, 2006. Mr. Bult’s failed to timely file a petition. Accordingly, the Board finds
    that Mr. Bult’s violated Section 21(p)(1) 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) (2004); 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.
     
     
    2
    ORDER
     
    1. The Board finds that Mr. Bult’s violated Sections 21(p)(1) of the Act as alleged.
    Mr. Bult’s must pay a civil penalty of $1,500 no later than August 21, 2006,
    which is the first business day after the 30th day after the date of this order.
     
    2. Mr. Bult’s must pay the civil penalty by certified check or money order, made
    payable to the City of Chicago. The case number, case name, and Mr. Bult’s
    social security number or federal employer identification number must be
    included on the certified check or money order.
     
    3. Mr. Bult’s 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) (2004)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2004)).
     
    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) (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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on July 20, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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