RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
APR
072004
COUNTY OF JACKSON,
)
Pollution CofltroI~d
Complainant,
)
v.
)
ACO4-(o3
)
Site# 0778095036
EGON vIARAsY,
)
)
Respondent.
)
NOTICE
OF FILING
TO:
Egon Karnarasy, 474 Egret Lake Road, Carbondale, Illinois
62901
PLEASE TAKENOTICEthat I havefiled with theOffice ofthe ClerkoftheIllinois Pollution
Control Board the Complaint for Administrative Citation, a copy ofwhich is herewith served upon
you.
Daniel Brenner
Assistant State’s Attorney
March
30,
2004
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse
Murphysboro, IL
62966
618-687-7200
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
APR
072004
STATE OF ILLINOIS
POIIuti~n
Control B”~
COUNTY OF JACKSON,
)
)
Complainant,
)
v.
)
ACO4-
)
EGON KAMARASY,
)
)
Respondent.
)
I hereby file my appearance in this
APPEARANCE
Daniel
Assistant State’s Attorney
Jackson County
Courthouse, 3” Floor
Murphysboro, IL
62966
618-687-7200
~/3ZC)
BEFORE
TH1©~~~f
~*~CONTROL
BOAR)
CLERK~~ED
APR
072004
COUNTY OF JACKSON,
Complainant,
)
)
v.
)
)
EGONKAMARASY,
)
Respondent.
)
AC 04-
(~~5
Site #
0778095036
STATE OF ILLINOIS
Pollution Control Board
Serve on: Egon Kamarasy,
474 Egret Lake Road, Carbondale, Illinois
62901
PROOF OF SERVICE
I,
the undersigned, hereby certif~’
that
a
true and correct copy ofthe Administrative Citation
and Appearance were hand delivered to:
Name:
/
Address:
a-i’
~
Sex:
Male__~emale______
Age:
___________
Date ofservice:
Z—,
2004
Time:
~55~m.
2~~
7
J~ck~on
Co. Shcr~ffs
Dept.
1001
Mulberry Street
Murphysboro,
U
6296&
PLEASE RETURN TO:
DANIEL BRENNER
JACKSON COUNTY STATE’S ATTORNEY’S OFFICE
c~’~
1~
/S/ Robert
By
his Deputy
Co.
Sheriff
C~ED
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
APR 07
2004
ADMINISTRATIVE
CITATION
STATE OF VLLIN
IS
u
son Control Board
COUNTY OF JACKSON,
)
)
Complainant,
)
)
v.
)
AC04-~
)
Site
Code: 0778095036
EGON
KAMARASY,
)
)
Respondent.
)
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
authority
vested
in
the
Illinois
Environmental Protection Agency by 415
ILCS
5/1
et. seq.
(1996),
specifically 415 ILCS
5/31.1.
FACTS
1.
The Respondent is the present owner and
occupant and in control and possession of a
facility located in the County ofJackson, State of Illinois.
2. The facilityis an open dump, operating without an Illinois Environmental ProtectionAgency
Operating Permit, and designated with the Site Code #0778095036.
The facility is known to the
Agency as the Makanda/Kamarasy site.
3. The Respondent hasowned,occupied, controlled and/oroperated thefacilityat all relevant
times hereto.
4.
On March
25,
2004, Don Terry, Field Inspector, Jackson County
Health Department,
inspected the facility.
A true and
correct
copy ofthe inspection report,
along with
Mr.
Terry’s
affidavit, are attached and incorporated herein by reference as Exhibit A.
VIOLATIONS
On the basis ofField Inspector, Don Terry’s, direct observation, he has determinedthat the
Respondent has caused or allowed open dumping at the above described facility in a manner that
resulted in the following violations:
That on March
25,
2004, an on-site inspection ofthe facility disclosed the following:
1.
The Respondent has caused or allowed litter at the facility in
violation of 415
ILCS
5/21Q)(1).
2. TheRespondent has causedorallowedthedeposition ofgeneral constructionordemolition;
or clean construction or demolition debris in violation of415 ILCS
5/21 (p)(7)
CIVIL PENALTY
In accordance with 415 ILCS 5/42 (b)(4-5), the Respondent is subject to a civil penalty of
$1,500.00 for each of violations
specified
above.
Additionally, should the Respondent elect to
petition the Illinois Pollution Control
Board under the review process described below,
after an
adjudicatory hearing, the Respondent shall be assessed the hearing costs
incurred by the Pollution
Control Board.
The hearing cost would be
in addition to the $3,000.00 fine.
If you acknowledge
the violations
cited herein above, the
civil penalty, shall be
due and
payable no later than June 1, 2004.
Ifyou do not petitionthe Pollution ControlBoard for reviewof
the Administrative Citation within 35 days ofservice ofthe Administrative Citation, or contestthe
Citation,anyjudgment that maybe renderedagainstyou shallspecifythe due dateofthecivil fineand
any additional costs assessed against you.
Whenpayment is made, yourcheckshould be madepayable to theJacksonCounty’sTreasurer
Office
and
mailed
to
the
attention
of Shirley
Dillinger
Booker,
Jackson
County
Treasurer,
Murphysboro,Illinois, 62966.
Also,pleasecomplete and returnthe enclosedremittance.forrn, along
with your payment, to
assure proper credit.
Ifany civil penalty is not paidwithin theprescribedtime, the law allows forthe accumulation
and payment ofinterest on the remaining unpaid balance. Ifany civil penalty is not paid when due,
theOffice ofthe State’s Attorneyshall be requestedto initiate proceedings in Circuit Court to collect
the penalty.
In addition to the civil penalty, hearing costs, and interest, if any, the Jackson County
State’s Attorney may seek to recovertheir costs oflitigation.
PROCEDURE FOR CONTESTING ADMINISTRATIVE
CITATION
Youhave the right to
contestthis Citation,pursuant to
415 ILCS 5/31.1. If
you electto contest
this Citation, you
must file a Petition For Review with the Clerk of the Illinois Pollution Control
Board.
A copy ofthe Petition For Review shall
be
filed with Daniel Brenner,
Assistant
State’s
Attorney, Jackson County Courthouse,
Third Floor, Murphysboro, Il
62966.
Your Petition For
Review must be filed within 35 days ofthe date ofservice of the present citation onyou.
ifyQu
fail tofile your Petition,a DefaultOrderagainst you will entered by thePollution ControlBoard.
Your original Petition must be filed with the Clerk ofthe Board at:
Clerk
Pollution Control Board
100
West Randolph, Suite 11-500
Chicago, Illinois
60601-3218
A copy must also be sent to:
Office ofthe State’s Attorney
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse, 3’~
Floor
Murphysboro,
Il 62966
DATED:
~/3o
*
2004
Assistant State’s Attorney
REMITTANCE
FORM
COUNTY OF JACKSON,
)
)
Complainant,
)
)
v.
)
NO.ACO4-
)
EGONKAMARASY,
)
Respondent.
)
FACILITY:
MAKANDA/KAMARASY SITE
COUNTY:
JACKSON
DATE OF INSPECTION:
March 25, 2004
SITE CODE:
0778095036
CIVIL PENALTY:
$3,000.00
Date Remitted
__________________
SS/FEIN#
______________
Signature
NOTE
Please include the information on the blank lines.
Mail this form with your check to:
Shirley Dillinger Booker
Jackson County Treasurer
Jackson County Courthouse
Murphysboro,
Illinois, 62966
JACKSON COUNTY
HEALTH
DEPARTMENT
AFFIDAVIT
IN THE MATTER OF:
0778095036 / Jackson County
Makanda
I
Egon Kamarasy
COMPLIANCE FILE
Respondent.
Affiant, Don Terry, being first duly sworn, voluntarily deposes and states as follows:
1.
Affiant is a field inspector employed by Jackson County Health Department and
has been so employed at all times pertinent hereto.
2.
On March
25,
2004, betweenthe hours of2:32 pm and
2:35
pm,,
Affiant
conducted an inspection ofthe open dump site known as MakandalEgon
Kamarasy, Jackson County, Illinois.
3.
Afliant inspected said open dump site by an inspection from a locationadjacent to
the site.
4.
As a result ofthe activities referred to in Paragraphs
2 and 3 above, Affiant
completed the Inspection Report form attached hereto and made a part hereof,
which, to the best ofAffiant’s knowledge and belief,
is an accurate representation
ofAffiant’s observations and thctual conclusions with respect to said Egon
Kamarasy, Makanda, Illinois, open dump site.
Don Terry
Solid Waste Inspector
Subscribed and Sworn To before me
this
~V1
dayof
)1~arcJ’i
,2004.
No ary Public
~
~
TRACY L HARTUN~
I
~PURUCI~AThOFIW~J
-
—
~
A
NARRATIVE
INSPECTIONREPORTDOCUMENT
OPENDUMP SITE
Date ofInspection:
March
25,
2004
Inspector:
Don Teriy
Site Code:
077 809
5036
County:
Jackson
Site Name:
Makanda
I
Egon Kamarasy
Time:
2:32 pm
—
2:35 pm
Location:
Eastern end of Starvation Acres Rd
Owner of Property:
Egon Kamarasy
Approximate Volume of Waste at site:
110
cu/yds
GPS:
N
370
40.580
W 089°15.105
GENERAL REMARKS
During the above date and time, I conducted an inspection ofthis
site as a follow-up ofone done on
December
5,
2003.
According to the Jackson County Assessor’s Office, the site is owned by Egon Kamarasyof474
Egret LakeRd, Carbondale, IL 62901.
The weather conditions at the time ofthe inspection were:
partly cloudy, windy and a temperature ofabout 72°F.
I did not enterthe property and conducted this follow-up inspection from the gate.
From the gate I observed a debris pile
in approximately the same location asI had observed on
December
5,
2003
(Photo #1, see sketch).
It appeared larger than when
I observed it on my last
inspection, indicating more material has been open dumped at this location since December
5,
2003.
The approximate volume ofthis
debris pile
is 110 cu/yds
(Photo #1, see sketch).
It appeared to
consist ofconstruction / demolition debris consolidated from offsite and included: dimensional
lumber, dark paneling, metal siding and other materials not readily identifiable from my location.
My inspection ended at approximately 2:35 pm.
Continuing Violations Observed:
Item #5(21)(a):
Cause or allow open dumping;
Item #8(21)(p)(1 and 7’~:
Cause or allow
the
open dumping of any waste in
a
mannerwhich results in any of the following occurrences at
the dump site:
(1) Litter; (7) Deposition ofgeneral construction or demolition debris; or
clean construction or demolition debris:
During the inspection open dumping on the site
was
observed causing litterand the deposition ofgeneral or clean construction or demolition debris.
Item
#6(21)(d)(1):
Conduct any waste-storage, waste-treatment,
or
waste-disposal
operation:
Without a permit;
Item ~46(21)(d)(2):Conduct any waste-storage, waste-treatment, or
waste-disposal operation:
In violation ofany regulations or standards adopted by theBoard:
Due to the volume and type ofwaste observed, the manner in which it was placed and the location,
it can be assumed that the waste was not generated on site and was transported onto the site forthe
purpose ofdisposal.
During the inspection violations ofregulations and standards were observed.
There is no record that Mr. Kamarasy was issued a permit by the Agency to conduct a waste-
storage, waste-treatment, or waste-disposal operation.
Item
#7(21)(e): Dispose, treat, store,
or abandon any waste, or
transport
any waste into the
State at/to
sites
not meeting requirements ofthe Act:
Violations ofthis section ofthe Act were
observed during the inspection.
Item #!0(812.lOfl(a): Failure to submit an application for a permit to develop
and operate a
landfill;
Item #15(807.201): Failure to obtain a Developmental Permit to operate a solid
waste management site;
Item #15~807.202):
Failure to obtain an Operational Permit to
operate a solid waste management site: There is no record that Mr. Kamarasy
has submitted or
received a permit
to develop or operate a
landfill
or to develop or operate a solid
waste
management site.
OPENDUMPINSPECTION
SITE SKETCH
Date Of Inspection:
March
25,
20204
Inspector:
Don Terry
Site Code:
077 809 5036
County:
Jackson
Site Name:
Makanda/ Egon
Kamarasy
Time:
2:32 pm 2:35
pm
Not Drawn to Scale
All locations are approximate
0
indicates approx.
location &
direction ofphotos
fN
I
Staivation Acres Rd
/
/
/
/
/
/
Fence
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/1
/(
/
/
-————J
C)
ii
/
/
/
/
/
/
/
/
)ebris Pile
/
/
DIGITAL iNSPECTION PHOTOS
Date: March
25,
2004
Site
#: 077 809 5036
County:
JACKSON
Time:
2:32 pm
Site Name:
Makanda
I
Egon
Kamarasy
Photograph taken by:
Don Teny
COMMENTS:
Pictures taken toward:
East
PHOTO
FILE
NAME:
0778095036-03252004-01
Date:
Time:
Photograph takenby:
COMMENTS:
Pictures
taken toward:
No Photo
PHOTO
FILE
NAME: