ILLINOIS POLLUTION CONTROL BOARD

ORDER

August 8, 2002

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

COLORADO REAL ESTATE &

INVESTMENT CO., (KINGSPARK

MOBILE ESTATES),

Respondent.

)

AC 02-32

(IEPA No. 561-01-AC)

(Administrative Citation)

OPINION AND ORDER OF THE BOARD (by R.C. Flemal):

On January 15, 2002, the Illinois Environmental Protection Agency (Agency) timely

filed an administrative citation against Colorado Real Estate & Investment Co. (Kingspark

Mobile Estates).

See

415 ILCS 5/31.1(c) (2000)

amended by

P.A. 92-0574, eff. June 26,

2002; 35 Ill. Adm. Code 108.202(c). The Agency alleges that Colorado Real Estate &

Investment Co. violated Section 21(p)(1) and 21(p)(7) of the Environmental Protection Act

(415 ILCS 5/21(p)(1) and (p)(7) (2000)

amended by

P.A. 92-0574, eff. June 26, 2002). The

Agency further alleges that Colorado Real Estate & Investment Co. violated these provisions

by causing or allowing the open dumping of waste in a manner resulting in litter and by

causing or allowing the open dumping of waste in a manner resulting in

deposition of general

construction or demolition debris or clean construction or demolition debris at 1821 North

Lancelot Place, Peoria County.

As required, the Agency served the administrative citation on Colorado Real Estate &

Investment Co. within “60 days after the date of the observed violation.” 415 ILCS 5/31.1(b)

(2000)

amended by

P.A. 92-0574, eff. June 26, 2002;

see also

35 Ill. Adm. Code 108.202(b).

On February 19, 2002, Colorado Real Estate & Investment Co. timely filed a petition to

contest the administrative citation.

See

415 ILCS 5/31.1(d) (2000) ; 35 Ill. Adm. Code

108.204(b).

On July 22, 2002, the parties filed a stipulation of settlement and dismissal of

respondent’s petition for administrative review. Pursuant to the terms of the proposed

settlement, Colorado Real Estate & Investment Co. admits the violation of Section 21(p)(1) of

the Act. 415 ILCS 5/21(p)(1) (2000)

amended by

P.A. 92-0574, eff. June 26, 2002. The

Board accepts the stipulation and proposed settlement. To effectuate the parties’ intent that

Colorado Real Estate & Investment Co. pay a total penalty of only $1,500, the alleged

violation of Section 21(p)(7) of the Act is dismissed. 415 ILCS 5/21(p)(7)

amended by

P.A.

92-0574, eff. June 26, 2002.

This opinion constitutes the Board’s findings of fact and conclusions of law.

ORDER

1. The Board accepts and incorporates by reference the stipulation and proposed

settlement.

2. Pursuant to the stipulated agreement, the alleged violation of Section 21(p)(7) of

the Act is dismissed. 415 ILCS 5/21(p)(7) (2000)

amended by

P.A. 92-0574,

eff. June 26, 2002. The Board finds that Colorado Real Estate & Investment

Co. violated Section 21(p)(1) of the Act, and must pay a civil penalty of $1,500

no later than September 9, 2002. 415 ILCS 5/21(p)(1) (2000)

amended by

P.A.

92-0574, eff. June 26, 2002.

3. Colorado Real Estate & Investment Co.’s petition to contest the administrative

citation is dismissed.

4. Colorado Real Estate & Investment Co. must pay the civil penalty by certified

check or money order, made payable to The Treasurer of the State of Illinois,

designated to the Environmental Protection Trust Fund. The number, case

name, and Colorado Real Estate & Investment Co. social security number or

federal employer identification number must be included on the certified check

or money order.

5. Colorado Real Estate & Investment Co. must send the certified check or money

order to:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O Box 19276

Springfield, Illinois 62794-9276

6. Penalties unpaid within the time prescribed will accrue interest under Section

42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)

amended

P.A. 92-0574, eff. June 26, 2002) at the rate set forth in Section 1003(a) of

the Illinois Income Tax Act (35 ILCS 5/1003(a) (2000)).

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) (2000)

amended by

P.A. 92-0574, eff. June 26, 2002;

see also

35 Ill.

Adm. Code 101.3000(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 8, 2002, by a vote of 7-0.