BEFORE THE ILLINOIS POLLUTION CONTROL
RECE~VE~
BOARD
CLERKS OFFICE
COUNTY
OF
JACKSON,
)
JUN
22
2004
STATE OF ILLINOL
Complainant,
Pollution Control Bo
rd
vs.
)
AC
No.
2004-064
)
EGON
KAMARASY,
Respondent.
NOTICE
OF
FILING
OF
AMENDED
PETITION
TO
CONTEST
ADMINISTRATIVE
CITATION
TO:
Dorot~y
M.
Gunn, Clerk
Jackson County State’s Attorney
Illinois
Pollution Control Board
Jackson County Courthouse, 3d Floor
State of Illinois Center
Murphysboro IL
62966
100 West Randolph Street
Suite
11-500
ATTN. Daniel Brenner, Assistant
Chica~go
IL
60601-3218
State’s Attorney
PLEASE
TAKE NOTICE that
on the
18th
day
of
June
2004,
the
undersigned,
on
behalf of Egon Kamarasy, the respondent, filed with the Office of the Clerk of the
Pollution
Control Boardthe original and
nine (9)
copies of the attached Amended Petition to
Contest
Administrative Citation, a copy ofwhich is herewith served upon you.
Dated this
18th
day of June, 2004.
EGON KAMARASY, Respondent
ByV~~~
6~
Gregory A.
ch, 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
Page 1,
~
BEFORE THE ILLINOIS POLLUTION CONT~V~)
BOARD
CLERK’S OFFIC
JUN 22
2004
COUNTY
OF
JACKSON,
)
STATE OF ILLINO 9
)
P~IIut~,,-~
Control Bc
rd
Complainant,
vs.
)
AC
No.
2004-064
EGON
KAMARASY,
)
Respondent.
AMENDED
PETITION
TO
CONTEST
ADMINISTRATIVE
CITATION
NOW COMES
the respondent, Egon
Kamarasy, by
Gregory
A.
Veach, his
attorney,
and
hereby contests
the 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 the real estate
located 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.
AnSwering 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,
referred
to
by
the
complainant
as
“Carbondale/Kamarasy” site.
3.
Answering paragraph three (3) ofthe Facts
section of the
Administrative
Citation,
the respondent admits that he has owned real estate located within Jackson County,
Illinois,
that
is referred to
by the complainant as “Carbondale/Kamarasy” site, at all times relevant
to
this
Page
1
Amended
Petition
to
Contest
Administrative
Citation
proceeding, but
denies generally
and
specifically
each and
all
of
the
remaining
allegations
contained therein.
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 proof thereof.
5.
Answering the
Violations
section of the
Administrative Citation, the respondent
denies that he has caused or allowed open dumping on
the “Carbondale/Kamarasy” site
that
(1) resulted in causing or allowing litter at the
site in
violation of 415
ILCS
§
5/2l/(p)(l);
(2)
resulted in causiflg or allowing open
burning at the site in violation of 415
ILCS
§
5/21 (9)(3);
andlor (3) resulted in causing or allowing
the deposition
of general construction or demolition
debris or clean
construction or demolition debris
upon the site in violation of 415
ICLS
§
5/21 (p)(7).
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
respondent
resides
upon
and
operates
a farm
on
land
comprising
the
“Carbondale/Kamarasy” site.
8.
The material observed
by the inspector upon the “Carbondale/Kamarasy”
site
constituted domicile, landscape and agricultural waste generated by the respondent upon the site
that is the locatiOn of the home and farmstead ofthe respondent.
9.
The burning of the domicile
waste was conducted on the premises on
which
the
waste
was generated, in
an
unrestricted
area,
during periods when atmospheric conditions
readily dissipate the
contaminants, and
the burning
did
not create
a visibility hazard on
any
roadways or railroad tracks in the area.
10.
The burning of the landscape waste
materials was conducted on the premises on
which such landscape waste was generated, during times when atmospheric conditions readily
Page
2
‘Amended
Petition. to
COntest
AdmiOistrativë~
citation
dissipate the contaminants, in
a non-prohibited area and the burning did not create a
visibility
hazard on any roadways orrailroad tracks in the area.
11.
The burning ofthe agricultural waste materials was conducted
on the premises on
which such agricultural waste was
generated, in an
unresthcted area, more than
1000
feet from
residential or otherpopulated areas, during times when atmospheric conditions readily
dissipate
the contaminants, creating no
visibility hazard on any roadways orrailroad
tracks
in
the
area,
and no economically reasonable alternative method ofdisposal is available.
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
17tI~day of June, 2004.
EGON KAIVIARASY, Respondent
By~~
(2C?~~
Gregory ~L’~h,
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 forrespondent
Page
3
Amended
Petition
to
Contest
Administrative
Citation
DECLARATION
OF
SERVICE
BY
MAIL
I, the undersigned, declare:
I am~overeighteen (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 ofAmended Petition to
Contest
Administrative Citation and Amended Petition to Contest Administrative Citation of which
true and correct copies thereof in the cause are affixed, by placing the
original
and four (4)
copies thereof in an envelope addressed
as follows:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center
100 West Randolph Street
Suite 11-500
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 at Carbondale, Illinois,
on June 1~Z~
2004.
I declare under penalty ofperjury that the foregoing is true and correct.
Executed on June 4-~7,2004 at Carbondale, Illinois.
—_
(Sigiiature)
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
