BEFORE

THE

ILLINOIS POLLUTION

CONTROL

BOARD

)

)

)

Complainant,

)

)

V.

)

)

MARK GATES,

)

)

Respondent.

)

To:

Mark

Gates

P.O.

Box

161

Lincoln,

IL

62656

Illinois

Environmental

Protection Agency

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield,

Illinois

62794-9276

(217)

782-5544

NOTICE

OF

FILING

Michelle M.

Ryan

Assistant

Counsel

ILLINOIS ENVIRONMENTAL

PROTECTION

AGENCY,

ApR

0

200g

AC

06-50

:jt

r:PJNOiS

roI

(JEPA No.

98-06-AC)

PLEASE

TAKE

NOTICE

that

on

this

date

I

filed

with

the

Clerk

of

the

Pollution Control

Board

of

the

State

of

Illinois

the

following

instrument(s)

entitled

COMPLAINANT’S

STATEMENT

OF

HEARING

COSTS.

Respectfully

Submitted,

Dated:

April

8,

2008

---

BEFORE

THE ILLINOIS

POLLUTION

CONTROL

BOARD

ILLINOIS ENVIRONMENTAL

)

‘

OFF,

PROTECTION

AGENCY,

)

API?

10

20

Complainant,

)

AC

06-50

V.

)

(IEPA

No.

98-06-AC)

)

MARK

GATES,

)

Respondent.

COMPLAINANT’S

STATEMENT OF HEARING

COSTS

NOW

COMES

the Complainant, the

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY

(“Illinois

EPA”), by

and

through its attorney,

Michelle M.

Ryan, pursuant to

35 III. Adm. Code

108.502

and the Order of the Pollution

Control

Board (“Board”)

in this case dated April

2,

2009,

and

presents

its

Statement

of Costs

for this case as follows:

Mileage (Springfield-Lincoln

and return)

56 miles

@

$.485/mile

$27.16

Copying/clerical/mailing

fees

(estimated)

$35.00

TOTAL

CLAIMED:

$62.16

WHEREFORE,

the

Complainant

requests that the

Board

order the defendant

to pay

$62.16

to

Illinois

EPA

for its

hearing

costs

in

this

case.

ILLINOIS EPA,

Complainant,

DATED:

April

8, 2009

MICHELLE M. RYAN

Assistant

Counsel

1021 North

Grand

Avenue

East

Springfield,

IL 62702-4059

(217)

782-5544

---

STATE

OF

ILLINOIS

)

)

SS

COUNTY OF SANGAMON

)

AFFIDAVIT

I,

Michelle

M. Ryan,

being

first

duly

sworn

upon oath,

depose

and

state

as follows:

1.

I am

employed

by the

Illinois

Environmental

Protection

Agency

(“Illinois

EPA”),

as

Assistant

Counsel

for

the

Bureau

of

Land.

2.

As

part of

my

duties,

I

am responsible

for the

preparation

of

Administrative

Citations

issued

by

the

Illinois

EPA

and the

negotiation and

litigation

of

appeals

filed pursuant

to such

Administrative

Citations.

As

part

of my job

experience,

I

have

also submitted

travel

vouchers

for

reimbursement.

3.

I have

reviewed

the

Illinois

EPA

Division

ofLegal

Counsel

File

98-06-AC,

which

relates

to AC

06-50,

Illinois

EPA

v.

Mark

Gates,

for

the purpose

of

determining

the

costs

expended

by

Illinois

EPA.

4.

I

was the

Illinois

EPA

attorney

assigned

to

handle

the hearing

for

AC 06-50,

which

was

held in

Lincoln.

I

was

required

to

travel

from Springfield

to Lincoln

and

back

for the

hearing.

The

Illinois

Department

of Transportation

map

of the

State

of Illinois

indicates

that

the

distance

between

Springfield

and

Lincoln

is

approximately

28

miles.

Based

on my

ownjob

experience,

I am

aware

that

the

approved

mileage

reimbursement rate in

January

2008

was

$.485

per

mile.

5.

As

the

attorney

currently

assigned

to

handle

Administrative

Citations,

I am

aware

that

Illinois

EPA incurs

costs

for copying

documents,

preparation

ofdocuments

for

mailing

and

service,

and

certified

and

first

class mailings.

Based

upon

my

review

of 98-06-AC,

I estimate

that

these

---

costs

expended

by

Illinois

EPA

on this

Administrative

Citation

through

the hearing

date

approximate

$35.00.

FURTHER

AFFIANT

SAYETH

NOT.

icheleM.

Ryan

Subscribed

and

Sworn

to

before

me

this

8

th

day

of

April,

2009.

Notary

Publi

fZitiHIaIS1

t

NOTARY

PUBUC,

STATE OF

ll.UNOS,

MYcOUMlSSONEXPRES8.192O12

2

---

PROOF

OF

SERVICE

I

hereby

certify

that

I did

on the

8t11

day

of

April,

2008, send

by U.S.

Mail

with

postage

thereon

fully

prepaid,

by

depositing

in a United

States

Post

Office

Box a true

and

correct copy

of

the

following

instrument(s)

entitled COMPLAINANT’S

STATEMENT

OF HEARING

COSTS

To: Mark

Gates

P.O.

Box

161

Lincoln,

IL 62656

and

the

original

and

nine

(9)

copies

of the same

foregoing

instrument

on

the same

date

To:

John

Therriault,

Acting

Clerk

Pollution

Control

Board

James

R.

Thompson

Center

100

West Randolph

Street, Suite

11-500

Chicago,

Illinois

60601

Michelle

M. Ryan

Assistant

Counsel

Illinois

Environmental

Protection

Agency

1021

North Grand

Avenue

East

P.O. Box

19276

Springfield,

Illinois

62794-9276

(217)

782-5544