BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS ENVIRONMENTAL PROTECTION

)

CLERK’S OFFICE

AGENCY,

)

~

o

2005

Complainant,

)

AC 04-82

STATE OF ILLINOIS

)

PoUution Control Board

v.

)

(JEPA No. 270-04-AC)

)

JOHN BROWN,

)

Respondent.

S

NOTICE OF FILING

To:

John Brown

1805 Neville Street

Metropolis,

IL 62960-1443

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

Board of the State ofIllinois the following instrument(s) entitled COMPLAINANT’S STATEMENT

OF

HEARiNG COSTS.

Respectfully submitted,

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:

June

1, 2005

THIS

FILING

SUBMITFED ON

RECYCLED PAPER

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

R E C

~V ED

CLERKS OFFICE

ILLINOIS ENVIRONMENTAL

)

JUN

102005

PROTECTION AGENCY

)

STATE

OF ILLINOIS

Complainant,

)

AC 04-82

Pollution

Control

Board

)

v.

)

(IEPA No. 270-04-AC)

)

JOHN BROWN d/b/a JOHN BROWN

)

PAINTING,

)

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 of the Pollution Control Board (“Board”) in this case dated September

15, 2004, and

presents its Statement of Costs for this case as follows:

Mileage (Springfield-Metropolis and return) 460 miles ~

$.375/mile

$172.50

Copying/clerical/mailing fees (estimated)

$35.00

TOTAL CLAIMED~

$207.50

WHEREFORE, the Complainant requests that the Board order the

defendant

to pay

$207.50 to

Illinois EPA for its hearing costs in this case.

ILLINOIS EPA, Complainant,

DATED:

June

1,2005

B

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 the Bureau of

Land.

2.

As partofmy duties, I am responsible forthepreparation of

Administrative

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.

Ihave reviewed theIllinois EPADivision ofLegal Counsel File 270-04-AC,

which

relates

to

AC 04-82,

Illinois EPA

v.

John

Brown d/b/a John Brown Painting,

for the purpose of

determining the costs expended by Illinois EPA.

-

4.

Iwas the Illinois EPA attorney assigned to handle the hearing for AC 04-82, which

was held in Metropolis.

I was required to travel from

Springfield to

Metropolis and back for the

hearing.

The Illinois Department ofTransportation map of the State ofIllinois indicates that the

distance between Springfield and Metropolis is 230 miles.

Based on my own job experience, I am

aware that the approved mileagereimbursement rate in November 2004 was

$.375

per mile.

5.

As an attorney currently assigned to handle Administrative~Citations,

Lath

aWare

that

Illinois EPAincurs costs for copyingdocuments, preparation ofdocuments formailing and service,

and certifiedand first class mailings.

Based upon my review ofFile270-04-AC, I estimatethat these

---

costs expendedby Illinois EPA on this Administrative Citation through thehearing dateapproximate

FURTHER AFFIANT SAYETH NOT.

Subscribed and Sworn to

before

me this

1st

day ofJune, 2005.

I

~Publ~1

$35.00.

2

---

PROOF OF SERVICE

I hereby certif~’

that I did on the

1st day ofJune 2005, 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:

John Brown

1805 Neville Street

Metropolis, IL 62960-1443

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

To:

Dorothy Gunn, Clerk

Pollution Control Board

James R. Thompson Center

S

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

S

Michelle M. Ryai~’

—

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