RECE~VED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

NOV

192004

-

STATE

OF

ILLINOIS

7

OlluttOneontrotBoard

PROTECTION AGENCY,

)

Complainant,

)

AC

04-,l’9

)

v.

)

(JEPA No. 583-03-AC)

)

CHRISTOPHER COLEMAN,

)

)

Respondent.

)

NOTICE OF FILING

-

To:

Christopher Coleman

114 WestPoplar Street

Coboden, Illinois

62920

PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution Control

Board ofthe State ofIllinois the following instrument(s) entitled MOTIONFOR RECONSIDERATION.

Respectfully submitted,

~chell~M.Ry~

~

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: January 22, 2004

THIS

FILING SUBMITTED ON RECYCLED PAPER

---

-----S-TATE-0F-ILL-INOIS--~---.---)--—

)

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 theIllinois Environmental Protection Agency (“Illinois EPA”), as

Assistant Counsel for the Bureau ofLand.

2.

As partofmy duties, I amresponsible forthe preparation ofAchninistrativeCitations

issued by the

Illinois

EPA and the negotiation

and

litigation of appeals filed pursuant

to

such

Administrative Citations.

As part ofmyjob experience, I have also submitted travel vouchers for

reimbursement.

3.

I have reviewed the Illinois EPA Division ofLegal Counsel File 35-04-AC,

which

relates to AC 04-46,

Illinois EPA v.

Christopher Coleman,

forthe purpose ofdetennining the co~ts

expended by Illinois EPA.

4.

I was the Illinois EPA attorney assigned to handle the hearing forAC 04-46, which

was held in Jonesboro.

I was required to

travel from

Springfield to

Jonesboro and back for the

hearing.

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

distance between Springfield and Jonesboro is 227 miles.

Based on my ownjob experience, I am

aware that the approved mileagereimbursement rate in September 2004 was

$.375

per mile.

5.

As the attorneycurrently assigned to handleAdministrative Citations, I amaware that

Illinois EPA incurs costs forcopying documents, preparation ofdocuments formailing and service,

and certified and first class mailings.

Based upon my review ofFile 35-04-AC,.I estimatethat these

---

Subscribed and Sworn to before

me this ~

dayofNovember, 2004.

/1—~~

Public

costs expendedby Illinois EPA on this Administrative Citation through the hearingdate approximate

-----------~----

--------

FURTHER AFFIANT SAYETH NOT.

lle~~~

~

OFFICIAL SE,~

CYNTHIA

L.

WOij~

NOTARyPUBjj~STATE

OF

ILLINO,~

:~

MY

COMMISSION

EXPIRES

3•2Q.2~7

:~

2

---

CLERK’S OFFICE

NOV

1

92004

------•-~----

-~

-

aTATEOFILL1NOIS•

Pollution Control

i3oarc~

AC 04-46

(JEPA No. 35-04-AC)

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. Adrn. Code

108.502

and the Order ofthe Pollution Control Board (“Board”) in this case dated September

15,

2004,

and

presents its Statement ofCosts for this case as follows:

Mileage (Springfield-Jonesboro and return) 454 miles

@

$.375/mile

$170.25

Copying/clericaImailing

fees (estimated)

$35.00

TOTAL CLAIMED:

$205.25

WHEREFORE, the

Complainant

requests that the Board

order the

defendant to pay

$205.25

to

Illinois EPA for its hearing costs in this case.

ILLiNOIS EPA, Complainant,

DATED:

November 17,

2004

BJXIIKtLJJ

~@÷~

Special Assistant AttorneyGeneral

1021 North GrandAvenue East

Springfield,

IL 62702-405.9

(217) 782-5544

BEFORE

THE ILLiNOIS POLLUTION CONTROL BOARD

--

--

_UJJNOISENVIRONMENT

AT

--

-

PROTECTION AGENCY,

)

Complainant,

)

)

)

V.

)

)

CHRISTOPHER

COLEMAN,

)

Respondent.

---

LERK S OFFICE

NOV

192004

PROOF OF SERVICE

STATE OF ILLINOIS

iherebycertifvThatldid on th~

L7~

~

thereon fullyprepaid, by depositing in a United States Post OfficeBox a true and correct copyofthe

following instrument(s) entitled COMPLAINANT’S STATEMENT OF COSTS

To:

Christopher Coleman

114 WestPoplar

Street

Coboden, Illinois

62920

and the original and nine (9) true and correct copies ofthe same foregoinginstruments

To:

Dorothy Gunn, Clerk

Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

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