ILLINOIS POLLUTION CONTROL BOARD
March 21, 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) filed an
administrative citation against Colorado Real Estate & Investment Co. (Kingspark Mobile
Estates). On February 19, 2002, Colorado Real Estate & Investment Co. timely filed a petition
to contest the administrative citation. On March 7, 2002, the Board accepted the matter for
hearing.
On March 8, 2002, the Agency filed a “Response to Motion to Dismiss” (motion). The
Agency explains that it construed a sentence in the petition as a motion to dismiss, and responds
accordingly. Motion at 2. The specific sentence in the petition reads:
Since any information or evidence ascertained from said search including
subsequent interviews or investigations would be inadmissable [sic] in this or any
other proceedings, the Administrative Citation should be dismissed. Pet. at 2.
The Board disagrees with the Agency’s interpretation of the sentence. The Board does
not believe the sentence suggests that petitioner intended to filed a motion to dismiss. The
petition, taken as a whole, is a petition to contest an administrative citation. Although Colorado
Real Estate & Investment Co. states that the administrative citation should be dismissed, the
Board finds this comment is made because Colorado Real Estate & Investment Co. is
challenging the administrative citation, which is the purpose of filing a petition to contest.
The Board will consider the arguments raised in the Agency’s response when the record
in this case is complete. No further action is necessary at this time.
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 21, 2002, by a vote of 7-0.
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Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board