BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
IN THE MATTER
OF:
PETITION
OF
MAXIMUM
INVESTMENTS,
LLC)
AS
0-
FOR
AN
ADJUSTED
STANDARD
FROM
)
kWni
35 ILL
INOIS
ADMINISTRATIVE
CODE
)
072008
LANDFILL
740.2
10(A)3
IN
FOR
PALOSTHE
STONEY
HILLS,
IL
CREEK
)
)
llUtlOfl
STATE
OF
Conr,
1L1JjJ
PETITION
FOR
AN ADJUSTED
STANDARD
Petitioner:
Maximum
Investments,
LLC
Address:
9437
Karlov, Skokie,
IL 60076
Tel:
847-673-4010
Subject
Property:
Stoney
Creek
Landfill
Address:
10900
S
84
th
St, Palos
Hills, IL
PiN
#:
23-14-400-026
A:
Standard
from
which
an adjusted
standard
is sought
Code section
740.2
10 (A)3 requires
written
permission
from
the
property
owner
be
included
as part of
an
application
for the
Site
Remediation
Program.
Effective
April 25,
2002
B:
Statement
of
general
applicability
The
regulation
was
promulgated
to
meet
the
requirements
of
415
ILCS 5/58.1(a)l
C:
Level
ofjustification
required
The
general regulation
does
not specify
a level
ofjustification
required
of a
petitioner
to qualify
for an
adjusted standard.
Petitioner
believes
that factors
related
to
the subject
property
are
substantially
and
significantly
different
from
factors
relied upon
by the
Board in adopting
the
general regulation;
that
the
existence
of those
factors justify
an
adjusted
standard;
the
requested
standard
will
not result
in environmental
or health
effects
substantially
and
significantly
more
adverse
than the effects
considered
in adopting
the
general
standard
and
that the
adjusted
standard is
consistent
with
applicable
federal
law.
D:
Description
of petitioner’s
activity
Petitioner
holds
a tax
lien
on
the subject
property.
The subject
property
has been
abandoned
since
the
early 1970’s.
Petitioner
wishes
to
enroll
the property
in
the
Site Remediation
Program
before
acquiring
title
so as
to
qualify
for
exemption
as
a
prospective
purchaser
under
415
ILCS
5/22.2b.
E:
Efforts
necessary
if
petitioner
were
to
comply
with
regulation
of general
applicability
The general
standard
requires
the written
permission
of
the property
owner.
Since
there
is
no
property
owner,
petitioner
is
unable
to comply
with
the general
standard
and
would
be
unable
to
enroll
the
property
in
the Site
Remediation
Program.
The
prior
owner
filed
for bankruptcy
in the
1970’s
and
is now
believed
to
be
deceased.
F:
Proposed
adjusted
standard
The
requirements
of
section
740.210(a)
3 requiring
the
written
permission
of the
property
owner
for
conducting
investigative
and remedial
activities
is hereby
waived
with
regards
to
the
subject
property.
There
is
no
effort
necessary
to achieve
this proposed
standard
and
no costs
will
be
incurred.
G:
Impact
of petitioner’s
activity
on the
environment
There
is no
difference
in impact
on
the environment
between
petitioner
complying
with
the
general
standard
versus
the
proposed
adjusted
standard.
The
proposed
adjusted
standard
only
changes
the approvals
needed
to enroll
the
property
in
the Site
Remediation
Program.
H:
Justification
of proposed
adjusted
standard
Compliance
with
the
general
standard
is
not possible
since
the
property
is
abandoned.
Failure
to
grant
an adjusted
standard
would
result
in the
property
not
being
enrolled
in
the
Site Remediation
Program
and not
being
returned
to
productive
use
or the
tax rolls.
I:
Reasons
for
granting
proposed
adjusted
standard
The
adjusted
standard
requested
does
not
have any
impact
upon
the
enviromnental
standards
ultimately
to be
imposed
and merely
addresses
a
procedural
requirement
under
the
Illinois
Administrative
Code.
J:
Statement
regarding
hearing
Petitioner
waives a hearing on
the petition
K:
Citation of
legal
authorities
No legal authority is cited.
L:
Additional information
None
Submitted
by
Maximum Investments,
LLC
Richard Rosenbaum
Manager
RECEVED
LERK
S
OFFICE
NOV
ü
72008
STATE
OF
ILLINO
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BO’AiIBn
Control
Board
IN
THE
MATTER
OF:
PETITION
OF
MAXIMUM
INVESTMENTS,
LLC)
AS
0.-
2
FOR
AN ADJUSTED
STANDARD
FROM
)
35 ILL NOIS
ADMINISTRATIVE
CODE
)
740.210(A)3
FOR
THE STONEY
CREEK
)
LANDFILL
IN
PALOS
HILLS, IL
)
Certificate
of
Service
I,
the undersigned,
certifr
that I
have
served the
attached Petition
for
an Adjusted
Standard,
by
depositing
in the US
Postal Service
first class
postage
prepaid
on November
6, 2008,
upon
the
following
persons:
Pollution Control
Board,
Clerk
Division
of Legal
Counsel
100 W
Randolph
Illinois
EPA
Thompson
Center,
Suite
11-500
1021
N Grand
Ave
East
Chicago,
IL
60601-3218
P0
Box 19276
Springfield,
IL
61794-9276
/kichard
/444*4
Rsebaum