ILLINOIS POLLUTION CONTROL BOARD
    November 2, 2006
    CITY OF CHICAGO DEPARTMENT OF
    ENVIRONMENT,
    Complainant,
    v.
    MR. BULT’S, INC.,
    Respondent.
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    AC 07-13
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On September 6, 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
    July 17, 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 from a truck lacking a covering tarp. The alleged violations
    occurred at the Liberty Waste Transfer Station located at 2040 East 106th Street, Chicago, Cook
    County.
    Under Section 31.1(b) of the Act, the City of Chicago Department of Environment was
    required to serve 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). The
    City of Chicago Department of Environment has failed to file proof that Mr. Bult’s was timely
    served. Mr. Bult’s has not made any filing that would allow the Board to find that this
    respondent timely received service. The Board therefore dismisses the administrative citation
    for lack of timely service on respondent.
    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.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on November 2, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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