RECE~VED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL
BOARD
APR 07
200k
COUNTY OFJACKSON,
Complainant,
EGON
KAMARASY,
Respondent.
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AC04-~
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Site#0778125013
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STATE OF ILLINOIS
Pollution Control Boarc~
NOTICE OF FILING
TO:
Egon
Kamarasy,
474 Egret
Lake
Road, Carbondale, Illinois 62901
PLEASE
TAKE
NOTICEthat Ihave filed
with
the Office oftheClerkofthe IllinoisPollution
Control Board the Complaint for Administrative
you.
March
30, 2004
Daniel
Brenner
Assistant
State’s
Attorney
Jackson County Courthouse
Murphysboro, IL 62966
618-687-7200
V.
ofwhich is herewith served upon
Assistant
State’s Attorney
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARDAPR
072004
COUNTY OF JACKSON,
Complainant,
EGON KAMARASY,
Respondent.
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)
)
)
)
)
)
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)
ACO4-
STATE OF ILLINOIS
Pollution Control Board
APPEARANCE
I hereby file my appearance in this proceeding,
on
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse,
3rd
Floor
Murphysboro, IL 62966
618-687-7200
V.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FECEIVED
COUNTY
OFj~jACKSON,
)
LEAKS OFFICE
~,
APRO72004
Comp~ainant~
)
STATE OF ILLINOIS
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AC 04
-
Pollution Control Board
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Site # 0778125013
EGONKAMARASY,
)
Respondent.
)
Serve
on: Egon Kamarasy, 474 Egret Lake Road,
Carbondale, Illinois 62901
PROOF OF
SERVICE
I, the undersigned, hereby certify that a true and correct copy ofthe Administrative Citation
and Appearance were hand delivered to:
Name:
&~
~
J~hc~Ofl
Co. Sh~r~f~s
D~t.
Address:
~X
1001 Mulberry Street
~‘~~urphysboro,
Sex:
Male______
Female
Age:
~7~-/9.-/977
Date ofservice:
~,
2004
Time:
9
~
IS!
Robert B
,
kson Co. Sheriff
By his
PLEASE
RETURN TO:
DANIEL
BRENNER
JACKSON COUNTY STATE’S ATTORNEY’S OFFICE
~CEIVED
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
RKS °~1CE
ADMINISTRATIVE CITATION
APR 072004
COUNTY
OF
JACKSON,
)
p~j~
OFIWNO,S
Complainant,
)
v.
)
AC04-LP~
)
Site Code:
0778125013
EGON KAMARASY,
)
)
Respondent.
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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 ofa
facility located in the County
ofJackson,
State of Illinois.
2. The facilityis an open dump, operating withoutanIllinois Environmental ProtectionAgency
Operating Permit,
and
designated with the Site Code #0778125013.
The facility is known to the
Agency as the Carbondale/Kamarasy site.
3. TheRespondent hasowned, occupied, controlledand/or operated thefacilityatall relevant
times hereto.
4.
On March 25,
2004,
Don Terry, Field Inspector, Jackson County Health Department,
inspected the facility.
A
true
and correct
copy of the inspection report,
along with Mr.
Terry’s
affidavit, are attached and incorporated herein by reference as Exhibit A.
VIOLATIONS
On the basis ofFieldInspector, Don Terry’s, direct observation, he has determined that 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)(l).
2. The Respondenthas causedor allowedopen burning atthe facilityin violation of415 ILCS
5/21(p)(3).
3. TheRespondenthascaused orallowedthedeposition ofgeneralconstruction ordemolition;
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 $4,500.00 fine.
i~
you acknowledge
the violations
cited
herein above, the
civil penalty shall be due
and
payable no later thanJune 1, 2004.
Ifyou do not petition the Pollution ControlBoard forreview of
the Administrative Citation within 35 days ofservice ofthe Administrative Citation, or contestthe
Citation,anyjudgment thatmaybe rendered againstyou shall specifythedue date ofthe civil fine and
any additional costs assessed against you.
Whenpayment is made, yourcheckshould be madepayable to theJacksonCounty’s Treasurer
Office
and
mailed
to
the
attention
of Shirley
Dillinger
Booker,
Jackson
County
Treasurer,
Murphysboro, Illinois,62966. Also, please completeandreturn theenclosedremittanceform, along
with your payment, to assure proper credit.
Ifany civil penalty is not paidwithintheprescribedtime, thelaw allows fortheaccumulation
and payment ofinterest on the remaining unpaid balance. Ifany
civil penalty is notpaidwhendue,
the Office ofthe State’sAttorney shallbe requested to 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 recover their costs oflitigation.
PROCEDURE FOR CONTESTING ADMINISTRATIVE CITATION
Youhavetherightto contestthis Citation,pursuantto 415 ILCS
5/31.1.
Ifyou electto contest
this Citation, you must file a Petition For Review with the Clerk ofthe Illinois Pollution Control
Board. A copy of the Petition ForReview shall be filed with
Daniel Brenner, Assistant
State’s
Attorney, Jackson County Courthouse, Third Floor, Murphysboro, Ii 62966.
Your Petition For
Review must be filedwithin
35
days ofthe date ofservice ofthe present citation on you. Ifyou
failtofile your Petition, a DefaultOrderagainst you willentered bythe
Pollution
ControlBoard.
Youroriginal Petitionmustbe filed withtheClerk
ofthe Board at:
Clerk
Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601-3218
A copymust alsobe sent to:
Office ofthe State’s Attorney
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse,
3id
Floor
Murphysboro, Ii 62966
DATED:
3H30
,2004
Daniel Brenner
Assistant State’s Attorney
REMITTANCE
FORM
COUNTY OF JACKSON,
)
)
Complainant,
)
)
v.
)
NO.ACO4-
)
EGON KAMARASY,
)
)
Respondent.
)
FACILITY:
S
MAKANDA/KAMARASY SITE
COUNTY:
JACKSON
DATE OF INSPECTION:
March
25,
2004
SITE CODE:
0778125013
CIVIL PENALTY:
$4,500.00
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
AFFIDAVIT
JACKSON COUNTY
HEALTH
DEPARTMENT
IN THE
MATTER OF:
077 812
5013/
Jackson County
Carbondale
I
Egon Kamarasy
COMPLIANCE FILE
Respondent.
Afliant,
Don
Terry, being first duly sworn, voluntarily deposes and
states as follows:
1.
Afflant is a field inspector employed by Jackson County Health Department and
hasbeen so
employed at all times pertinent hereto.
2.
On March
25,
2004, between the hours of2:25 pm and 2:30 pm, Afflant
conducted an inspection ofthe
open
dump site known as Carbondale / Egon
Kamarasy,
Jackson
County, Illinois.
3.
Afflant inspected
said open dump site by an on-site inspection.
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
anaccurate representation
of
Afflant’s observations and
factual conclusions with
respect to
said Egon
Kamarasy, Carbondale, Illinois, open dump site.
Don Terry
Solid Waste Inspector
Subscribed and Sworn To before me
this
~
dayof~(~
__
~
4t~q4~
A
2004
~j
Date ofInspection:
March
25,
2004
Inspector:
Don
Terry
Site Code:
077 812 5013
County:
Jackson
Site Name:
Carbondale / Egon Kamarasy
Time:
2:25 pm
—
2:30 pm
Location:
786
Green Ridge
Rd
Owner of Property:
Egon
Kamarasy
Volume of Waste at site:
10
cu
I
yds
GPS:
N 37°40.869
W 089°16.646
GENERAL REMARKS
Duringthe stated date and time, I conducted an inspection ofthe site listed
above.
This inspection
was made as a follow up to an inspection made ofthis site on March
11, 2004.
Weather conditions
at the time ofthe inspection were:
cloudy, windy with thetemperature about 72°F.
According to the Jackson County Assessor’s Office, the site is owned by Egon Kamarasy of474
Egret LakeRd, Carbondale,
IL.
Upon arrival at the site I observed a pile ofdebris in the samegeneral location as on my inspection
visit ofMarch
11, 2004
(Photos #1— #5,
See sketch).
The debris pile appeared to havebeen
reduced in volume by open burning.
Within this pile I observed landscape waste, dimensional lumber, and what appeared to be metal
frames from furniture.
I also observed metal fence posts, the remains ofwhat appeared to be a
window air conditioner, sections oflaminate counter tops, metal cans and other materials not easily
identifiable (Photos #1— #5,
See sketch).
Most ofthis material was charred from burning.
My inspection ended at approximately 2:30 pm.
Page 2
077
812 5013
Carbondale
I
Egon Kamarasy
March 25, 2004
Continuing Violations Observed:
Item #1(9)(a’): Cause, threaten or allow air pollution in Iffinois;
Item #2(9)(c):
Cause or
allow open burning;
Item #8(2l)(p)(3): Cause or allow the open dumping ofany waste in
a
mannerwhich results in
any of the following occurrences at the dump site:
(3) Open
Burning:
During the inspection, evidence of
the
open burning of
waste was
observed.
item #542fl(a):
Cause or allow open dumping;
Item #8(2l)(p’~(I&7~:
Cause or allow the
open dumping of any waste in a mannerwhich results in any ofthe following occurrences at
the dump site:
(1) Litter and (7) Deposition ofgeneral construction or demolition debris;
or
clean construction or demolition debris:
During
the inspection, the open dumping ofwaste.
resulting in litter
and the
depositionofgeneral construction or demolition debris
was observed.
Item #6(20(d)(1):
Conduct any waste-storage, waste-treatment, or waste-disposal operation:
Without a permit;
Item #6(21)(d)(2):
Conduct any waste-storage, waste-treatment, or
waste-disposal operation: In violation ofany regulations or standardsadopted by the Board:
There is no record ofthe property Ownerhaving received a permit from the Agency to conduct a
waste-storage, waste-treatment or waste-disposal operation.
Also, during the inspection, violations
ofstandards and regulations were observed.
Item
#7(21)(eI: Dispose,
treat, store,
or abandon any waste, or transportany waste into the
State at/to
sites
not meeting
requirements ofthe
Act:
Due the locationofthe site and the type
and amount ofdebris observed, it would be reasonable to assume that the waste was transported to
the site from another location for the purpose ofdisposal.
Item
#9(551(a)(1):
No person shall:
Cause or allow
open
dumping
ofany
used orwaste
tire;
Item #10(812.1911(a): Failure to submit an application for a permit to develop and operate a
landfill:
During the inspection, the open dumping of
waste
tires on the site
was
observed.
OPENDUMPINSPECTION
SITE SKETCH
Date Of
Ins
pection:
March
25,
2004
Inspector: Don Terry
Site Code:
077 812 5013
County: Jackson
Site Name:
Carbondale
I
EgonKamarasy
Time:
2:25 pm
—
2:30 pm
Not Drawn to Scale
All
Locations AreApproximate
0
Indicates
Approximate
Location & Direction ofPhotos
fN
A
.5
1
.5
a
o~
Debris
F
Buni
Pile
~
0~~~
Green
RidØe
Rd
DIGITAL INSPECTION PHOTOS
Date:
March
25,
2004
Site #: 077 812 5013
County:
JACKSON
Time:
2:26 pm
Site Name:
Carbondale
I
Egon
Kamarasy
Photograph taken by:
Don Teriy
COMMENTS: Pictures
taken
toward:
South
PHOTO
FILE
NAME:
0778125013-03252004-01
Date:
March
25,
2004
Time:
2:26pm
Photograph taken by:
Don Terry
COMMENTS:
Pictures taken toward:
Southeast
PHOTO FILE
NAME:
0778125013-03252004-02
DIGITAL INSPECTION PHOTOS
Site #: 077 812 5013
County:
JACKSON
Time:
2:27 pm
Site Name:
Carbondale/ Egon Kamarasy
1
Photographtaken by:
DonTerry
COMMENTS:
Pictures takentoward:
Southeast
PHOTO FILE
NAME:
0778125013-03252004-03
Date:
March
25,
2004
1
Date: March
25,
2004
Time: 2:27pm
Photographtaken by:
DonTerry
COMMENTS:
Pictures takentoward:
Northeast
PHOTO
FILE
NAME:
0778125013-03252004-04
DIGITAL INSPECTION PHOTOS
Date:
March
25,
2004
Site #: 077 812 5013
f
County:
JACKSON
Time:
2:27
pm
Site Name:
Carbondale / Egon Kamarasy
Photograph taken by:
DonTerry
COMMENTS: Pictures takentoward:
Southeast
PHOTO
FILE NAME:
0778125013-03252004-05
No
Photo
Date:
Time:
Photograph
taken
by:
COMMENTS: Pictures taken toward:
PHOTO
FILE NAME: