ILLINOIS POLLUTION CONTROL BOARD
    January 8, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    COLORADO REAL ESTATE and
    INVESTMENT COMPANY (KINGSPARK
    MOBILE ESTATES),
     
    Respondent.
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    AC 04-25
    (IEPA No. 628-03-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On December 1, 2003, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Colorado Real Estate and Investment Company
    (Kingspark Mobile Estates) (Kingspark).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
    108.202(c). The Agency alleges that Kingspark violated Sections 21(p)(1),(3) and (7) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(p)(1),(3) and (7) (2002)). The Agency
    further alleges that Kingspark violated these pr
    open burning and the deposition of construction of
    ot Place, Peoria, Peoria County.
     
    As required, the Agency served the administrative citation on Kingspark within “60 days
    after the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);
    see also
    35 Ill. Adm. Code
    108.202(b). On December 22, 2003, Kingspark timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b).
    Kingspark denies that it committed any violation.
    See
    35 Ill. Adm. Code 108.206. Kingspark
    further alleges that the administrative citation was issued based upon information gathered
    during an improper search in violation of the Fourth Amendment of the United States
    Constitution and the Illinois State Constitution. 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) (2002). By contesting the administrative citation,
    Kingspark may have to pay the hearing costs of the Board and the Agency.
    See
    415 ILCS
    5/42(b)(4-5) (2002); 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.
     
    Kingspark may withdraw its petition to contest the administrative citation at any time
    before the Board enters its final decision. If Kingspark chooses to withdraw its petition, it must
     
    2
    do so in writing, unless it does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If
    Kingspark withdraws its petition after the hearing starts, the Board will require Kingspark 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) (2002); 35 Ill.
    Adm. Code 108.400. If the Board finds that Kingspark violated Section 21(p)(1),(3) or (7), the
    Board will impose civil penalties on Kingspark. 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)
    (2002); 35 Ill. Adm. Code 108.500. However, if the Board finds that Kingspark “has shown that
    the violation resulted from uncontrollable circumstances, the Board shall adopt a final order
    which makes no finding of violation and which imposes no penalty.” 415 ILCS 5/31.1(d)(2)
    (2002);
    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 January 8, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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