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

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