ILLINOIS POLLUTION CONTROL BOARD
    March 7, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    COLORADO REAL ESTATE &
    INVESTMENT CO., (KINGSPARK MOBILE
    ESTATES),
     
    Respondent.
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    AC 02-32
    (IEPA No. 561-01-AC)
    (Administrative Citation)
     
    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); 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)). 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);
    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). Colorado Real Estate & Investment Co. denies
    both the allegations and alleges, among other things, that the Agency inspector came onto the
    property without obtaining a search warrant or other authorization, and that if there is litter or
    other materials on the property as alleged, they were placed there by trespassers.
    See
    35 Ill.
    Adm. Code 108.206. The Board accepts the petition for hearing.
     
    The Board directs the hearing officer to proceed expeditiously to hearing. The hearing
    officer will give the parties at least 21 days written notice of the hearing. 35 Ill. Adm. Code
    108.300;
    see also
    415 ILCS 5/31.1(d)(2) (2000). By contesting the administrative citation,
    Colorado Real Estate & Investment Co. may have to pay the hearing costs of the Board and
    Agency.
    See
    415 ILCS 5/42(b)(4-5) (2000); 35 Ill. Adm. Code 108.500. A schedule of the
    Board’s hearing costs is available at the Board’s offices and on the Board’s Web site at
    www.ipcb.state.il.us. 35 Ill. Adm. Code 504.
     
    2
     
    Colorado Real Estate & Investment Co. may withdraw its petition to contest the
    administrative citation at any time before the Board enters its final decision. If Colorado Real
    Estate & Investment Co. chooses to withdraw its petition, it must do so in writing, unless it does
    so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If Colorado Real Estate & Investment Co.
    withdraws its petition after the hearing starts, the Board will require Colorado Real Estate &
    Investment Co. to pay the hearing costs of the Board and the Agency.
    See id.
    at 108.500(c).
     
    The Agency has the burden of proof at hearing.
    See
    415 ILCS 5/31.1(d)(2) (2000); 35 Ill.
    Adm. Code 108.400. If the Board finds that Colorado Real Estate & Investment Co. violated
    Sections 21(p)(1) and (p)(7), the Board will impose civil penalties on Colorado Real Estate &
    Investment Co.. 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) (2000); 35 Ill. Adm. Code
    108.500. However, if the Board finds that Colorado Real Estate & Investment Co. “has shown
    that the violation results from uncontrollable circumstances, the Board shall adopt a final order
    which makes no finding of violation and which imposes no penalty.” 415 ILCS 4/51.1(d)(2)
    (2000);
    see also
    35 Ill. Adm. Code 108.500(b).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 7, 2002, by a vote of 7-0.
     
     
      
      
      
      
      
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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