-
BEFORE THE ILLINOIS
POLLUTION CONT~S
OFFICE
BOARD
MAY~?2OO4
EGON
KAMARASY,
Respondent.
)
)
)
)
)
)
)
)
)
NOTICE
OF
FILING
OF
PETITION
TO
CONTEST
ADMINISTRATIVE
CITATION
TO:
Doroth~
M. Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph Street
Suite 11-500
ChicagoIL 60601-3218
STATE OF ILLINOJ
Pollut~or~
Control Bo
LAW OFFICES
OF GREGORY A. VEACH
3200 Fishback Road
P.O.
Box
1206~
Carbondale IL 62903-1206
Telephone:
(618)
549-3132
Telecopier:
(618)
549-0956
e-mail
:
gveach@gregveachlaw.com
Attorney forrespondent
Page
Notice
of
1
Filing
(1~
©:
PifT
COUNTY
OF
JACKSON,
Complainant,
vs.
rcj
AC
No.
2004-064
Jackson County State’s Attorney
Jackson County Courthouse, 3d Floor
Murphysboro IL
62966
ATTN. Daniel Brenner, Assistant
State’s Attorney
PLEASE~
TAKE NOTICE that on the 4th day of May 2004,
the undersigned,
on
behalf
of Egon Kamarasy, the respondent, filed with the Office
of the Clerk of the Pollution
Control
Board
the
original
and nine (9) copies
of the
attached Petition
to
Contest
Administrative
Citation, a copy bfwhich is
herewith served upon you.
Dated this
4th
day ofMay, 2004.
EGON
KAMARASY, Respondent
~
-
Gregory A.
each, IARDC #
2893061
Attorney forrespondent
BEFORE THE ILLINOIS POLLUTION CON1~X~
BOARD
MAY~7
2004
STATE OF ILLINO S
COUNTY
OF
JACKSON,
)
Pollution Control 6
Lrd
Complainant,
vs.
)
AC
No.
2004-063
EGON
KAMARASY,
)
Respondent.
PETITION
TO
CONTEST
ADMINISTRATIVE
CITATION
NOW C~MESthe respondent, Egon Kamarasy, by Gregory A. Veach, his
attorney,
and hereby con~teststhe Administrative Citation issued in the above-entitled cause to
the
Pollution Control Board, pursuant to
§
108.204 of the Rules of the
Pollution Control
Board,
and in support thereof states as follows:
1.
Answering paragraph one (1) of the Facts section ofthe Administrative
Citation,
the respondent admits that he is the owner and
in
possession of real estate
located in
Makanda
Township, within Jackson County, Illinois, but denies generally
and specifically each and
all
of
the remaining allegations contained therein
and
further denies
that
the real
estate he
owns
constitutes a “facility”, under the Illinois Environmental Protection Act.
2.
An~wering
paragraph two (2) of the Facts
section of the Administrative
Citation,
the respondent denies generally and specifically each and
all of the allegations contained therein
and further denies
that
“open
dumping”,
under
the
Illinois
Environmental Protection
Act,
occurred upon the respondent’s property.
3.
Answering paragraph three (3) of the Facts
section of the Administrative
Citation,
the respondent admits
that he
has
owned real
estate
located in
Makanda
Township,
within
Jackson Countyc Illinois
at
all
times
relevant to
this
proceeding,
but
denies generally
and
specifically each~
~tndall of theremaining allegations contained therein.
Page
1
Petition
to
Contest
Administrative
Citation
4.
Answering paragraph four (4) of the
Facts
section of the Administrative
Citation,
the respondent lacks sufficient knowledge
to
admit or deny
the allegations contained therein
and, therefore, demands strict proofthereof.
5.
Answering the Violations
section of the Administrative
Citation, the respondent
denies
that
he has caused or allowed open
dumping
on real estate he
owns; denies that
he
caused or allowed litter at or upon real estate he owns; and, denies that he
caused or allowed the
deposition of general
construction or demolition debris
or clean
construction or
demolition
debris upon real estate he owns.
6.
Answering the Civil Penalty section of the
Administrative
Citation, the respondent
denies that he is
or should be
subject to
a civil penalty in
the
amount alleged, or any
other
amount.
7.
The
debris that
was upon the site alleged in the Administrative Citation was the
result ofthe respondent’s removal and destruction ofmobile homes that tenants of the Raccoon
Valley Mobile Home
Park
owned
by
the
respondent abandoned
upon
the
respondent’s
premises.
The respondent was ordered to remove and dispose of the abandoned mobile homes
by
the Illinois
Department of Public Health.
The respondent
assembled the
mobile
home
debris into the one area depicted on the site alleged in the Administrative Citation and was in
the
process of separating the materials for recycling
and for disposal of the materials that
could not
be recycled.
8.
The violations
alleged by the petitioner resulted from
circumstances beyond
the
reasonable control of the respondent since the respondent could not prevent his
tenants from
abandoning their!mobile homes.
9.
Fo1~owing
receipt of a Violation Notice from the Jackson County Department of
Health, the non-recyclable debris was taken to
a local landfill and no debris of any kind remains
uponthe premises.
Page
2
Petition
to
Contest
Administrative
Citation
WHEREFORE,
the
respondent requests that the Board enter its order dismissing
the
Administrative Citation
and denying the civil penaltiesand otherrelief sought therein.
Dated this
4th
day ofMay, 2004.
EGON KAMARASY,
Respondent
By____________________
—~G~gory
A~~ich,
IARDC # 2893061
Attorney forrespondent
LAW OFFICES OF GREGORY A. VEACH
3200 Fishback Road
P. 0. Box
1206
Carbondale IL
62903-1206
Telephone: (618) 549-3132
Telecopier:
(618) 549-0956
e-mail
: gveach@gregveachiaw.com
Attorney forrespondent
Page
3
Petition
to
Contest
Administrative
Citation
DECLARATION
OF
SERVICE
BY
MAIL
I, the undersigned, declare:
I am over eighteen (18) years of age, employed in the County of Jackson, State of
Illinois, in which county
the
within mailing occurred, and
not a party to the subject cause.
My business address is: 3200 Fishback Road, P. 0. Box
1206,
Carbondale,
Illinois
62903-
1206.
I
served
the
following
document,
Notice
of
Filing
of
Petition
to
Contest
Administrative Citation and Petition to
Contest Administrative Citation of which true
and
correct copies~’thereof
in the cause are affixed, by placing the original and
nine (9)
copies
thereofin
an envelope addressed as follows:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
State ofIllinoisCenter
100 WestRandolph Street
Suite F1-500
Chicago IL 60601-3218
and one (1) copy in an
envelope addressed as follows:
JacksonCounty State’s Attorney
Jackson County Courthouse, 3d Floor
Murphysboro IL
62966
L.
A1TN~
Daniel Brenner, Assistant State’s
Attorney
Each envelope was then sealed and with the postage thereon fully prepaid deposited
in the United States mail by me at Carbondale, Illinois, on May 4, 2004.
I declate under penalty of perjury that the foregoing is true and correct.
Executed on May 4, 2004 at Carbondale, Illinois.
iSi~ature) 0°
LAW
OFFICES
OF GREGORY A. VEACH
3200 Fishback Road
P. 0.
Box
1206
Carbondale IL
62903-1206
Telephone: (618) 549-3132
Telecopier:
(618) 549-0956
e-mail
: gveach@gregveachlaw.com
