RECEIVED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JUL

122004

STATE OF ILLINOIS

Pollution Control Board

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

AC 04-18

)

v.

)

(IEPANo. 514-03-AC)

)

LUTHER COLEMAN,

)

)

Respondent.

NOTICE OF FILING

To:

Luther Coleman

624 W. Logan

Harrisburg, Illinois 62946

PLEASE TAKE NOTICE that on this date Ipresented to the hearingofficer forfilingwith the Clerk ofthe

Pollution

Control

Board

of

the

State

of

Illinois

the

following

instrument(s)

entitled

COMPLAINANT’S

STATEMENT OF HEARING COSTS.

Respectfully submitted,

Michelle M. Ryan

Special Assistant Attorney General

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

(217)782-5544

Dated:

July

1, 2004

THIS

FILING

SUBMITFED ON RECYCLED PAPER

---

RECEIVED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JUL

122004

ILLINOIS ENVIRONMENTAL

Pollution Control Board

PROTECTION AGENCY,

)

)

Complainant,

)

AC 04-18

)

V.

)

(IEPANo.

514-03-AC)

)

LUTHER COLEMAN,

)

)

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

Ill.

Adm. Code

108.502

and the Order ofthe

Pollution Control Board (“Board”) in this case dated June

17, 2004, and presents

its

Statement of Costs for this case as follows:

Mileage (Springfield-Harrisburg and return) 414 miles ~

$.36/mile

$149.04

Copying/clerical/mailing fees (estimated)

$30.00

TOTAL CLAIMED:

$279.04

WHEREFORE, the Complainant requests

that the

Board order the

defendant to pay

$279.04 to

Illinois EPA for its hearing costs in this case.

ILLINOIS EPA, Complainant,

DATED:

July 1, 2004

~

~

MICHELLE M.

RYAN

Special Assistant Attorney General

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 Enforcement for the Bureau of Land.

2.

As

part

ofmy duties, I am responsible for the preparation ofAdministrative Citations

issued

by the

Illinois

EPA

and the

negotiation

and

litigation of

appeals filed

pursuant

to

such

Administrative

Citations.

As

part ofmy job experience,

I have also submitted travel vouchers for

reimbursement.

3.

I have reviewed the Illinois EPADivision ofLegal Counsel File 514-03-AC,

which

relates

to

AC

04-18,

Illinois EPA v.

Luther

Coleman,

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 04-18, which

was held in Harrisburg.

I was required to travel

from Springfield

to

Harrisburg

and

back for the

hearing.

The Illinois Department of Transportation map ofthe State ofIllinois indicates that the

distance between Springfield and Harrisburg

is

approximately 207 miles.

Based

on my own job

experience, I am aware that the approved mileage reimbursement rate in

March 2004 was $.36 per

mile.

5.

As the attorney currently assigned to handle Administrative Citations, I am aware

that

Illinois EPA incurs costs forcopying documents, preparation ofdocumentsfor mailingand service,

---

and certified and first class mailings.

Based upon my reviewofFile514-03-AC, I estimatethat these

costs expended by Illinois EPA on this Administrative Citation through thehearingdate approximate

$30.00.

FURTHER AFFIANT

SAYETH NOT.

\~LUJ6~~

eM.Ryan

Subscribed and

Sworn to before

me this

1St

day ofJuly, 2004.

~

Notary

Public

OFFICIAL

SEAL

CYNTHIA L WOLFE

~:

:?.

NOTARY

PUBUC,

STATE OF IWNOIS

~ MY COMMISSION

EXPIRES3~2O-2OO7

2

---

PROOF OF SERVICE

I hereby

certify

that I did on the

1st dayofJuly, 2004,

sendby 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:

Luther Coleman

624 W. Logan

Harrisburg, Illinois 62946

and the original and nine (9) true and correct copies ofthe same foregoing instruments on the same

date by U.S.

Mail with postage thereon fully prepaid

To:

Dorothy Gunn, Clerk

Pollution Control Board

James R. Thompson Center

100

West Randolph Street, Suite 11-500

Chicago, Illinois 60601

~‘~ichelle

M. Ryan

Special Assistant Attorney General

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P.O.Box

19276

Springfield, Illinois 62794-9276

(217)

782-5544

THIS

FILING SUBMITTED ON RECYCLED PAPER