OFFICE
OF THE A’TTORNEY GENERAL
STATE OF ILLINOIS
February 9, 2004
RECE~VED
CLERK’S OFFICE
FEB
13
2004
STATE OF ILLINOIS
Pollution Control Board
Dorothy Gunn, Clerk
Illinois
Pollution
Control Board
100 West Randolph Street
Suite
11-500
Chicago,
Illinois
60601-3286
Re:
People
V.
ESG
Watts,
Inc.,
an Iowa corporation
PCB No.
01-1 67
Dear Clerk Gunn:
Enclosed for filing please find
the original
and ten copies of a
NOTICE
OF FILING
and
COMPLAINANT’S AFFIDAVIT OF ATTORNEY’S FEES AND
COSTS
in regard
to the above
captioned
matter.
Please file the originals and
return a file-stamped
copy
to our office
in the
enclosed self-addressed
stamped
envelope.
Thank you
for your cooperation
and consideratiQn.
Sincerely,
Thomas
Davis
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
500
South Second Street, Springfield.
Illinois
62706
•
(217) 782-1090
•
‘FFY: (217)
785-2771
•
Fax: (217)
782-7046
100 West Randolph Street, Chicago,
Illinois
60601
•
(312) 814-3000
•
T’l’Y:
(312)
814-3374
•
Fax:
(312) 814-3806
1001
East Main, Carbondale,
Illinois
62901
•
(618)
529-6400
•
‘FFY: (618)
529-6403
•
Fax: (618)
529-6416
Lisa Madigan
A1TORNEY GENERAL
ID/pp
Enclosures
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDREcE~VE
CLERK’S OFFICE
PEOPLE OF THE STATE
OF
)
ILLINOIS,
)
FEB
132004
Complainant,
v.
)
PCB 01-167
ESG WATTS, INC., an
Iowa
corporation,
Respondent.
NOTICE OF FILING
To:
Larry Woodward
Corporate Counsel
Watts Trucking
Service,
Inc.
P.O.
Box 5410
Rock Island,
Illinois 61204-5410
PLEASE TAKE
NOTICE that on this
date
I
mailed for filing with the Clerk of the Pollution~~~~--
Control Board of the State of Illinois, COMPLAINANT’S AFFIDAVIT OF ATTORNEY’S FEES AND
COSTS, a copy of which is attached hereto and
herewith served
upon you.
Respectfully submitted,
PEOPLE
OF THE
STATE
OF ILLINOIS
LISA MAD IGAN,
Attorney General of the
State of
Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:_____________________
THOMAS
DAVIS,
Chief
Assistant Attorney General
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
2i 7/782-9031
Dated:
February 9,
2004
CERTIFICATE OF SERVICE
I
hereby certify that
I
did
on
February 9,
2004, send
by First
Class Mail, with
postage
thereon fully prepaid,
by depositing
in a
United
States Post Office
Box a true and correct copy of
the following instruments
entitled NOTICE OF FILING and
COMPLAINANT’S AFFIDAVIT OF
ATTORNEY’S
FEES AND
COSTS
To:
Larry Woodward
Corporate Counsel
Watts Trucking
Service,
Inc.
P.O.
Box 5410
Rock
Island,
Illinois 61204-5410
and
the original
and ten copies by First Class
Mail with
postage thereon fully prepaid of the same
foregoing instrument(s)
To:
Dorothy Gunn, Clerk
-
Illinois
Pollution Control
Board
James
R. Thompson Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois 60601
A copy was also sent by First Class
Mail with
postage thereon fully prepaid
To:
Carol Sudman
Hearing
Officer
Illinois Pollution
Control
Board
1021
N.
Grand Avenue East
Springfield,
Illinois 62704
Thomas Davis
Assistant Attorney General
This filing
is submitted
on
recycled paper.
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
RECEØVED
CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
FEB
132004
Complainant,
STATE OF ILLINOIS
Pollution Control Board
vs.
)
No.
01 -1 67
)
(Land-Enforcement)
ESG
WATTS, INC., an Iowa corporation,
)
Respondent.
)
COMPLAINANT’S AFFIDAVIT
OF ATTORNEY’S
FEES AND COSTS
Complainant,
PEOPLE
OF THE
STATE
OF ILLINOIS,
by LISA MADIGAN,
Attorney
General of the State of Illinois,
hereby responds to
the directive of the Pollution
Control Board
in
its Interim Opinion and
Order of January 8,
2004.
In
that Order,
the Board
had found
in favor of
the People on
several
violations and found
that those violations
had
been willful
and knowing.
The People was allowed leave to file
an
affidavit of its attorney’s
fees
and costs.
In several
prior matters,
the Board
has ruled
that $120 per hour isa reasonable assessment of attorney’s
fees.
See
People
v.
ESG Watts
(February
5,
1998,
PCB 96-107,
slip
op.
at
54;
People
v.
ESG
Watts
(May 4,
1995),
PCB 94-127,
slip op. at 18;
People
v.
Waste Hauling Landfill
(May
21,
1998),
PCB 95-91,
slip op.
at
35.
However, the People
respectfully suggest that the
Board
ought to
increase the rate from $120 per hour to
$150 per
hour.
The prior rate of $120
per hour
may be adequate for the People’s expert witness, Gary Styzens,
the Chief Internal Auditor for
the Illinois
EPA.
The itemized list of significant activities will facilitate the Board’s determination of the
amounts
to
be awarded.
These facts are verified
by the attached
affidavits.
Attorney Activity
Hours
Amount
Pleadings
4
$600
Witness Preparation
3
$450
Hearing
7
$1,050
Travel
6
$900
Briefs
10
$1,500
Expert Witness Activity
Hours
Amount
Testimony
Preparation
15
$1,800
Testimony at
Hearing
1
$120
Travel
6
$720
Total fees
and
costs:
$7,200
WHEREFORE, Complainant respectfully asks that this Board award the reasonable
attorney’s
fees and
expert witness costs
as itemized above and
require the Respondent to
make
payment of $7,200 to the
Hazardous Waste
Fund.
Respectfully submitted,
PEOPLE
OF THE
STATE
OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J.
DUNN,
Chief
Environmental Enforcement
Division
BY:_______________________
THOMAS DAVIS,
Chief
Environmental Bureau
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
February 9, 2004
2
STATE
OF ILLINOIS
)
)
ss
COUNTY OF SANGAMON
)
AFFIDAVIT
I,
GARY STYZENS, being first duly sworn
upon oath, depose
and state as
follows:
1.
I
am the Chief Internal Auditor for the Illinois EPA.
At the request of the Attorney
General’s Office,
I
performed economic benefit calculations
regarding the closure of the Taylor
Ridge
Landfill and testified thereto as an expert witness.
2.
I
have
reviewed the pleading to which this affidavit
is attached. The factual
information
regarding my expert witness activities
in
PCB 01-1 67 is true and correct.
FURTHER AFFIANT SAYETH
NOT.
Subscribed and
Sworn
to
before me
/
H-\’~
this
(C
day o~Jan~ua~-2004.
NOTARY PUBLIC
OFFICIAL
SEAL
BRENDA
BOEHNER
X
NOTARY
PUBLIC,
STATE
OF
ILLINOIS
GARY
4
STATE OF ILLINOIS
)
)
ss
COUNTY
OF SANGAMON
AFFIDAVIT
I,
THOMAS
DAVIS,
being
first duly sworn
upon oath,
depose
and state as follows:
1.
I am employed
by the Illinois Attorney General’s
Office, as
an Assistant Attorney
General.
Since
September
1,
1991,
I
have served
as the Bureau
Chief of the Environmental
Bureau/Springfield.
2.
I
drafted the pleading
to which this affidavit
is attached.
The factual
information
regarding my litigation
activities
in
PCB 01-167
is true
and correct.
FURTHER AFFIANT SAYETH
NOT.
THOMAS
DAVIS
Subscribed
and
Sworn to before
me
this 9th day of February 2004.
?~/~
(/7
~
NOTARY PUBLIC
~
PEGGY
J.
POITEVINT
~
NOTARY PUBLIC, STATE OF ILLINOIS
MY
COMMISSION EXPIRES
4.1 6-2006
3