ILLINOIS POLLUTION CONTROL BOARD
May 6, 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)
OPINION AND 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). 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 provisions by causing or
allowing the open dumping of waste in a manner that resulted in litter, open burning and the
deposition of construction of demolition debris at 1821 North Lancelot Place, Peoria, Peoria
County.
On December 22, 2003, Kingspark timely filed a petition to contest the administrative
citation. The Board accepted the petition for hearing on January 8, 2004.
On April 13, 2004, the parties filed a stipul
ation of settlement and dismissal of
respondent’s petition for review. In the stipulation, the parties note that on August 8, 2002, the
Board found Kingspark in violation of 21(p)(1) of the Act.
See
IEPA v. Colorado Real Estate &
Investment Co. (Kingspark Mobile Estates), AC 02-32 (Aug. 8, 2002). Pursuant to the terms of
the stipulation and proposal for settlement, Kingspark admits liability for the violations alleged
in the administrative citation, and agrees to pay a penalty of $3,000 for the repeated violation of
Section 21(p)(1) and $1,500 for the first-time violation of Section 21(p)(3). 415 ILCS
5/21(p)(1), (3) (2002).
To effectuate the parties’ intent that Kingspark pay a total civil penalty of $4,500, the
Board dismisses the alleged violations of Section 21(p)(7). The parties agree that the waste that
was the subject of this administrative citation has been removed and properly disposed of.
The Board accepts the stipulation and proposal for settlement. Pursuant to Section
31.1(d) of the Act (415 ILCS 5/31.1(d) (2002)), the Board finds that Kingspark has violated
Section 21(p)(1) and (3) of the Act. 415 ILCS 5/21(p)(1), (3) (2002). Under Section 42(b)(4-5),
the statutory established penalty is $1,500 for a first-time violation and $3,000 for a second or
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subsequent violation for a total of $4,500. 415 ILCS 5/42(b)(4-5) (2002). The Board
accordingly assesses a civil penalty of $4,500. The Board notes that the parties’ stipulation and
proposal for settlement provides that Kingspark will pay the penalty in three monthly
installments of $1,500 commencing on May 1, 2004. As that is prior to the date of this order, the
Board will grant Kingspark until May 14, 2003, to pay the first installment.
This opinion constitutes the Board’s finding of fact and conclusions of law.
ORDER
Pursuant to the stipulated agreement, the Board finds that Colorado Real Estate and
Investment Company (Kingspark Mobile Estates) (Kingspark) violated Section 21(p) (1) and (3)
of the Act. 415 ILCS 5/21(p)(1), (3) (2002).
1. Kingspark must pay a civil penalty of $4,500 pursuant to 415 ILCS 5/42(b)(4-5)
(2002).
2. Kingspark must pay the civil penalty in three monthly installments of $1,500, the
first being due on May 14, 2004; the second on June 14, 2004; and the final on
July 14, 2004. Each installment must be made by certified check or money order,
made payable to the Illinois Environmental Protection Trust Fund. The case
number, case name, and Kingspark’s federal employer identification number must
be included on the certified check or money order.
3. Kingspark must send the certified check or money order and the remittance form
to:
Illinois Environmental Protection Agency Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4. Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2002)).
5. The Board dismisses the alleged violation of Sections 21(p)(7) of the Act. 415
ILCS 5/21(p)(7) (2002).
6. Kingspark’s petition for review filed on December 22, 2003, is dismissed.
7. Kingspark must diligently comply with, and cease and desist from further
violations of, the Act (415 ILCS 5/1 et seq. (2002)), and the Board’s rules and
regulations. 35 Ill. Adm. Code Subtitles A through H.
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8.
The Agency will not refer the violations that are the subject of this administrative
citation to the Office of the Illinois Attorney General or any other prosecuting
authority for the initiation of a criminal or civil action.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2002);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the Board
adopted the above opinion and order on May 6, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
