BEFORE THE ILLINOIS POLLUTION CON~.~’
BOARD
MAY-7
2004
STATE OF ILUNOIS
COUNTY
OF
JACKSON,
Pollution Control Boan
Complainant,
Page
1
Notice
of
Filing
vs.
j
AC
No.
2004-063
EGON
KAMARASY,
)
Respondent.
NOTICE
OF
FILING
OF
PETITION
TO
CONTEST
ADMINISTRATIVE
CITATION
TO:
Doroth~
M. Gunn, Clerk
Illinois I~ollutjon
Control Board
State ofIllinois Center
100 West Randolph Street
Suite 11-500
Chicago IL
60601-3218
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 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
origi~ñaland
nine
(9) copies
of the attached
Petition
to
Contest
Administrative
Citation, a copy of which is herewith served upon you.
Dated this
4th
day ofMay, 2004.
EGON KAMARASY, Respondent
By__________________
Gregory
K
Veach, IARDC # 2893061
Attorney for respondent
LAW OFFICES OF
GREGORY
A. VEACH
3200 Fishback Road
P. 0.
Box 1206~
Carbondale IL
62903-1206
Telephone:
(61~)
549-3132
Telecopier:
(618) 549-0956
e-mail
: gveach@gregveachlaw.com
Attorney for respondent
BEFORE THE ILLINOIS POLLUTION CO~P
BOARD
MAY-?
2004
STATE OF ILLINOIS
COUNTY
OF
JACKSON,
)
Pollution Control Board
Complainant,
vs.
)
AC
No.
2004-063
EGON
KAMARASY,
Respondent.
PETITION
TO
CONTEST
ADMINISTRATIVE
CITATION
NOW ~iöMES
the 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 thereofstates as follows:
1.
Answering paragraph one (1) of the Facts section of the 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.
Añ~wering
paragraph two
(2) of the Facts
section ofthe 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 County~,Illinois
at
all
times
relevant to
this
proceeding,
but
denies generally
and
specifically each~
and all ofthe remaining allegations contained therein.
I
Pagel
I
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, d~mands
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.
a
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 fordisposal 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 theirmobile homes.
9.
Following 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 ofany
kind remains
upon the premises.
I
Page2
I
Petition
to
Contest
Administrative
Citation
WHEREFORE,
the respondent requests
that the Board enter its
order dismissing
the
Administrative Citation and denying the civil penalties and otherrelief sought therein.
Dated this
4th
day ofMay, 2004.
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 forrespondent
EGON KAMARASY, Respondent
2893061
I
Page3
I
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 copi&thereofin the cause are affixed, by
placing the original and
nine
(9) copies
thereofin an envelope addressed as follows:
Doroth~’
M. Gunn, Clerk
Illinois Pollution Control Board
State Of Illinois Center
100 West Randolph Street
Suite F1-500
Chicago IL
60601-3218
and one
(1) copy in an envelope addressed as follows:
Jackson 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 atCarbondale, Illinois, on May 4, 2004.
I declare under penalty ofperjury that the foregoing is true and correct.
Executed on May 4, 2004 at Carbondale, Illinois.
_z(Si~ature)
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
