BEFORE THE
ILLINOIS POLLUTION CONT~i~vE~
~,LERK’S
OFFICE
BOARD
APR
012004
COUNTY OEJACKSON,
cc:mplainant,
vs.
AC
No.
2004-043
FRANK
STONEMARK,
Résponde nt.
NOTICE
OF
FILING
OF
PETITION
TO
CONTEST
ADMINISTRATIVE
CITATION
TO:
Doroth~
M.
Gunn, Clerk
Illinois l~ollutionControl Board
State o~
Illinois Center
100 West Randolph Street
Suite 11-500
ChicagoIL
60601-3218
)
)
)
)
)
)
)
)
)
STATE OF ILLINOI
Poflution Control Bo
Jackson County State’s Attorney
Jackson County Courthouse, 3d Floor
Murphysboro IL
62966
ATTN. Daniel Brenner, Assistant
State’s Attorney
PLEAS~
TAKE NOTICE that
on
the 30th day
of March
2004,
the undersigned,
on
behalfofFrank Stonemark, the respondent, filed the original and nine (9) copies of the
attached
Petition to Contest Administrative
Citation, a copy of which is
herewith served
upon
you, by
placing them in theUnited States mail, postage prepaid,
to the parties and the addresses shown
above.
Dated th,js
30th
day ofMarch,
2004.
LAW OFFICES~OF
GREGORY A. VEACH
3200 Fishback Road
P. 0. Box 1206~
Carbondale IL
~2903-l206
Telephone:
(618) 549-3132
Telecopier:
(618,) 549-0956
e-mail: gveach@~gregveachlaw.com
Attorney forrespondent
FRANK STONEMARK, Respondent
—Th
Gregory XVeach, IARDC #2893061
Attorney for respondent
rd
BEFORE THE ILLINOIS
POLLUTION
CONIROIvw
CLERK’S OFFICE
BOARD
APR
012004
COUNTY
OF JACKSON,
)
STATE OF
ILLINOIS
)
Pollution Control Board
Complainant,
vs.
)
AC
No.
2004-043
)
FRANK
STONEMARK,
)
Respondent.
PETITION
TO
CONTEST
ADMINISTRATIVE
CITATION
NOW COMES the respondent, Frank Stonemark, 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.
Aftswering paragraph one (1) ofthe Facts section of the Administrative Citation,
the respondent admits that he is
the owner and in possession ofreal estate located
in
Section
Fifteen,
Pomoha
Township,
within
Jackson
County,
Illinois,
but
denies
generally
and
specifically each and
all ofthe remaining allegations contained therein and further denies that
the real estate hi. owns constitutes a “facility”,
under the Illinois Environmental Protection Act.
2.
Ai~swering
paragraph two (2) of the Facts section of the Administrative
Citation,
the respondent denies generally and specifically each and all ofthe allegations contained therein
and further denies that
“open
dumping”,
under
the Illinois
Environmental Protection Act,
occurred upon the respondent’s property.
3.
Aiisweting paragraph three (3) ofthe Facts
section of the
Administrative
Citation,
the respondentaadmits that
he has
owned real estate
located in
Section
Fifteen, Pomona
Township, within Jackson County, Illinois at all times
relevant to
this
proceeding,
but
denies
generally and specifically each and all ofthe remaining allegations contained therein.
4.
Answering paragraph four (4) of the Facts section of the Administrative
Citation,
therespondent 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
has
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.
Ai1swering 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.
Th~
respondent did not cause or allow the conditions upon real estate he owns that
are alleged by the petitioner.
8.
The violations alleged by the petitioner resulted from circumstances beyond
the
reasonable control ofthe respondent.
9.
The respondent rented real estate
he owns
in
Section Fifteen, Pomona Township,
Jackson County, Illinois for several years during the 1990’s.
One lessee moved a mobile home
onto
the
premises,
resided in the
mobile
home,
and
constructed
two
(2)
or
more
small
“outbuildings” that were used in connection
with
the lessee’s
occupation of the premises.
In
or about
1999,
the mobile home,
one
or
more
motor
vehicles
and
an
“outbuilding”
were
destroyed by fire.
The
lessee thereafter vacated the premises leaving behind the debris
and
rubbish depicted in
the photographs that are attached to the Administrative Citation.
None of
the debris
and ~ubbish depicted
in
the
photographs
that
are
attached to
the
Administrative
Citation was generated elsewhere and brought
to
and deposited upon the
respondent’s
real
estate by the respondent.
All of the debris and
rubbish
depicted in
the photographs
that are
attached to
the Administrative Citation
was
generated upon
the premises by
the residential use
and occupation oi~
the premises by former lessees, one ofwhom
vacated the premises
following
a fire that destro~ed
a mobile home, one or more vehicles
and outbuildings.
WHEREFORE,
the
respondent requests
that
the Board enter its
order dismissing
the
Administrative Citation and denyingthe civil penalties and other relief sought therein.
Dated this 30th day ofMarch, 2004.
FRANK STONEMARK, Respondent
Gregory A.
each, IARDC # 2893061
Attorney for respondent
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
Attorney for respondent
DECLARATION
OF
SERVICE
BY
MAIL
I, the tindersigned, declare:
I am cn’er eighteen (18) years of age, employed in
the County ofJackson, 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::
Doroth~’
M. Gunn, Clerk
IllinoisPollution Control Board
State o~
Illinois Center
100 Wcst Randolph Street
Suite J~-500
Chicago
IL
60601-32 18
and
one
(1) copy in an envelope addressed as follows:
Jacksoh County State’s Attorney
Jackson County Courthouse, 3d Floor
Murphysboro IL
62966
ATTN! 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 March 30, 2004.
I declare under penalty ofperjury that the foregoing is true and correct.
Executedon March 30,2004 at Carbondale, Illinois.
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