ILLINOIS POLLUTION CONTROL BOARD

May 20, 2004

COUNTY OF JACKSON,

Complainant,

EGON KAMARASY,

Respondent.

)

AC 04-63

(Site Code #0778095036)

AC 04-64

(Site Code #0778125013)

(Administrative Citation)

(Not Consolidated)

ORDER OF THE BOARD (by A.S. Moore):

On April 7, 2004, the County of Jackson (County) timely filed two administrative

citations against Egon Kamarasy, which the Board has docketed as AC 04-63 and AC 04-64.

See

415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The administrative citation in AC

04-63 concerns a site in Makanda, Jackson County, identified as site code #0778095036. The

administrative citation in AC 04-64 concerns a site in Carbondale, Jackson County, identified as

site code #0778125013. For the reasons below, the Board accepts Mr. Kamarasy’s two petitions

to contest these administrative citations, grants Mr. Kamarasy leave to file an amended petition

in AC 04-64, and advises the parties that the Board will entertain a motion to consolidate these

two proceedings.

Under the Environmental Protection Act (Act) (415 ILCS 5 (2002)), an administrative

citation is an expedited enforcem

ent action brought before the Board seeking civil penalties that

are fixed by statute. Administrative citations may be filed only by the Illinois Environmental

Protection Agency or, if the Agency has delegated the authority, by a unit of local government,

and only for limited types of alleged violations at sanitary landfills or unpermitted open dumps.

See

415 ILCS 5/3.305, 3.445, 21(o), (p), 31.1(c), 42(b)(4), (4-5) (2002); 35 Ill. Adm. Code 108.

In AC 04-63, the County alleges that Mr. Kamarasy violated Sections 21(p)(1) and (p)(7)

of the Act (415 ILCS 5/21(p)(1), (7) (2002)) by causing or allowing the open dumping of waste

resulting in, respectively, litter and the deposition of general or clean construction or demolition

debris at the Makanda site. The County asks the Board to impose a $3,000 civil penalty on Mr.

Kamarasy for these two alleged violations.

In AC 04-64, the County alleges that Mr. Kamarasy violated Sections 21(p)(1), (p)(3),

and (p)(7) of the Act (415 ILCS 5/21(p)(1), (3), (7) (2002)) by causing or allowing the open

dumping of waste resulting in, respectively, litter, open burning, and the deposition of general or

clean construction or demolition debris at the Carbondale site. The County asks the Board to

impose a $4,500 civil penalty on Mr. Kamarasy for these three alleged violations.

Both site inspections, on which the respective administrative citations are based, took

place on March 25, 2004, and both administrative citations were served on Mr. Kamarasy on

April 2, 2004, by hand delivery. Accordingly, as required, the County served the administrative

citations on Mr. Kamarasy within “60 days after the date of the observed violation.” 415 ILCS

5/31.1(b) (2002);

see also

35 Ill. Adm. Code 101.300(c), 108.202(b). On May 7, 2004, Mr.

Kamarasy timely filed two petitions contesting the administrative citations.

See

415 ILCS

5/31.1(d) (2002); 35 Ill. Adm. Code 101.300(b), 108.204(b).

In his AC 04-63 petition, Mr. Kamarasy alleges that he did not cause or allow open

dumping at the Makanda site.

See

35 Ill. Adm. Code 108.206. He states that Illinois Department

of Public Health ordered him to remove and dispose of mobile homes on his property that his

tenants had abandoned. According to the petition, Mr. Kamarasy “assembled the mobile home

debris into the one area . . . and was in the process of separating the materials for recycling and

for disposal of the materials that could not be recycled.” AC 04-63 Petition at 2. Mr. Kamarasy

asserts that the “violations alleged by the complainant resulted from circumstances beyond the

reasonable control of the respondent since the respondent could not prevent his tenants from

abandoning their mobile homes.”

In AC 04-64, Mr. Kamarasy filed a “notice of filing” a petition to contest the

administrative citation for the Carbondale site. However, the petition itself, while stating that

Mr. Kamarasy did not cause or allow open dumping, refers to AC 04-63 and the Makanda site

and, in fact, appears to set forth verbatim the contents of the petition filed in AC 04-63.

The Board accepts Mr. Kamarasy’s petition in AC 04-63. The Board also accepts Mr.

Kamarasy’s petition in AC 04-64 as timely filed, but orders him to file an amended petition by

June 21, 2004, setting forth grounds of appeal regarding the Carbondale site. Failure to timely

file an amended petition will subject Mr. Kamarasy’s petition in AC 04-64 to dismissal.

The Board directs the hearing officer to proceed expeditiously to hearing. The hearing

officer will give the parties at least 21 days written notice of the hearing.

See

35 Ill. Adm. Code

108.300; 415 ILCS 5/31.1(d)(2) (2002). By contesting these administrative citations, Mr.

Kamarasy may have to pay the hearing costs of the Board and the County.

See

415 ILCS

5/42(b)(4-5) (2002); 35 Ill. Adm. Code 108.500. A schedule of the Board’s hearing costs is

available from the Clerk of the Board and on the Board’s Web site at www.ipcb.state.il.us.

See

35 Ill. Adm. Code 504.

Mr. Kamarasy may withdraw either or both of his petitions to contest the administrative

citations at any time before the Board enters its final decision. If Mr. Kamarasy chooses to

withdraw a petition, he must do so in writing, unless he does so orally at hearing.

See

35 Ill.

Adm. Code 108.208. If Mr. Kamarasy withdraws a petition after the hearing on that petition

starts, the Board will require Mr. Kamarasy to pay the hearing costs of the Board and the County.

See id.

at 108.500(c).

Mr. Kamarasy has the burden of proof at hearing.

See

415 ILCS 5/31.1(d)(2) (2002); 35

Ill. Adm. Code 108.400. If the Board finds that Mr. Kamarasy violated Section 21(p) of the Act

as alleged, the Board will impose civil penalties on Mr. Kamarasy. The civil penalty for

violating any provision of Section 21(p) is $1,500 for each violation of each such provision,

except that the penalty amount imposed will be $3,000 for each violation of any provision of

Section 21(p) that is the respondent’s second or subsequent adjudicated violation of that

provision.

See

415 ILCS 5/42(b)(4-5) (2002); 35 Ill. Adm. Code 108.500. However, if the

Board finds that Mr. Kamarasy “has shown that the violation resulted from uncontrollable

circumstances, the Board shall adopt a final order which makes no finding of violation and which

imposes no penalty.” 415 ILCS 5/31.1(d)(2) (2002);

see also

35 Ill. Adm. Code 108.500(b).

Lastly, because AC 04-63 and AC 04-64 involve the same parties and administrative

citations issued based on site inspections by the same County inspector, the Board will consider a

motion filed by either party to consolidate these two proceedings for hearing and decision.

See

35 Ill. Adm. Code 101.406.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above order on May 20, 2004, by a vote of 5-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board