BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
ADMINISTRATIVE CITATION
D
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vs.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
COLORADO REAL
ESTATE &
INVESTMENT CO.,
(KINGSPARK
MOBILE ESTATES),
Respondent.
Complainant,
)
)
)
)
AC
)
)
(JEPA No.
628-03-AC)
)
)
)
)
NOTICE
OF FILING
To:
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph
St.,
Ste.
11-500
Chicago, IL
60601
Illinois Environmental Protection Agency
1021
North Grand Avenue
East
P.O. Box
19276
Springfield,
IL
61794-9276
PLEASE
TAKE
NOTICE
that
on
this
date I
mailed
for
filing
with
the
Clerk
of
the
Pollution
Control
Board
of the
State
of Illinois
the following
instrument(s) entitled
PETITION
FOR
REVIEW.
Dated this 18th day of December,
2003.
Respectfully Submitted,
Prepared by:
Jeff L. Neigel
SEBO, CLARK & NEIGEL
122 North Avenue A
Canton, IL
61520
(309)
647-5065
(i42/~
—
BEFORE
THE ILLINOIS POLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
—‘~,IJ.
‘~~‘-~
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
/
vs.
)
AC~
COLORADO REAL ESTATE &
)
(JEPA No. 628-03-AC)
INVESTMENT CO..
(KINGSPARK
)
MOBILE ESTATES),
)
Respondent.
PETITION FOR REVIEW
NOW
COMES,
the Respondent,
COLORADO REAL
ESTATE &
INVESTMENT CO.,
A
COLORADO
CORPORATION,
by
and
through
their counsel,
SEBO,
CLARK
&
NEIGEL
(Jeff L. Neigel), and hereby Petitions for Review of the Administrative Citation dated November
25,
2003.
RESPONSE TO ALLEGATIONS OF FACT
In response to
the Citation, they answer the facts alleged therein as follows:
1.
Allegation one
is admitted.
2.
Allegation two is denied as to the allegations that the facility is an open dump,
it
is
admitted
as to
the allegation
that
no
IEPA Operating Permit
is
in
effect.
Respondent
lacks
information and belief to
admit or deny the site code designation.
3.
Allegation three is
admitted.
-Page
1
of 3 Pages-
4.
Allegation
four
is
admitted
to
the
extent
that
Agent
Tripses
appears
to
have
entered Kingspark Estates property
on October 16, 2003, but
is otherwise denied.
FURTHER PLEADING
By way of further pleading:
1.
That
Respondent
states
affirmatively
that
Agent
Tripses
came
onto
private
property owned
by
Respondent
on
or
about
October
16,
2003,
without
seeking
consent
and
without obtaining
a
search
warrant or other authorization
to
do
so
and
that
Respondent
is
not
aware of any
exception to the requirement that Agent Jones either have consent or a warrant; and
specifically Respondent
states
that the site of the alleged violation is
not in plain
view from
any
public
property
or private
property that
Agent Jones
would
have
had
legal
access
to
and
thus
Respondent
believes
that
the Administrative
Citation
was
issued
based on
information obtained
during
an
improper
search
in
violation
of
the
Fourth
Amendment
of
the
United
States
Constitution
and Act
1
§
6 of the Illinois
State
Constitution.
Since
any
information or evidence
ascertained
from
said
search
including
subsequent
interviews
or
investigations
would
be
inadmissible in this or any other proceedings, the Administrative Citation should be dismissed.
2.
The Respondent
denies
that Respondent
caused or allowed the
open
dumping
of
waste in
a manner resulting in litter in violation of 415
ILCS 5/21(p) (1).
3.
The Respondent
denies
that Respondent
caused or allowed the
open
dumping of
waste in
a manner resulting in open
dumping in
violation of 415
ILCS 5/21(p) (3).
-Page
2 of 3 Pages-
4.
The Respondent
denies
that
Respondent
caused
or allowed the
open
dumping of
waste
in
a
manner
resulting
in
deposition
of general
construction
debris
or
clean
construction
debris in violation of 415 ILCS 5/21(p) (7).
~
L.~,(eige1,Att~rne~k’or
Respondent
Jeff L.
Neigel
SEBO, CLARK &
NEIGEL
122 North Avenue A
Canton, IL
61520
(309) 647-5065
-Page
3 of 3 Pages-