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
     

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