IN
    THE
    MATTER
    OF:
    PETITION
    OF
    MAXiMUM
    INVESTMENTS,
    LLC
    FOR
    A
    RULE
    OF
    GENERAL
    APPLICABILITY
    35111.
    Adm.
    Code
    618
    Dorothy
    Gunn,
    Clerk
    Illinois
    Pollution
    Control
    Board
    James
    R.
    Thompson
    Center
    100W.
    Randolph,
    Suite
    11-500
    Chicago,
    Illinois
    60601
    (Via
    First
    Class
    Mail)
    Matt
    Dunn
    Environmental
    Bureau
    Chief
    Office
    of
    the
    Attorney
    General
    James
    R.
    Thompson
    Center
    100
    W.
    Randolph,
    12
    th
    Floor
    Chicago,
    Illinois
    60601
    (Via
    First
    Class
    Mail)
    Bill
    Richardson
    Chief
    Legal
    Counsel
    Illinois
    Dept.
    of
    Natural
    Resources
    One
    Natural
    Resources
    Way
    Springfield,
    Illinois
    62702-1271
    (Via
    First
    Class
    Mail)
    Richard
    Rosenbaum,
    Manager
    Maximum
    Investments,
    LLC
    9437
    Karlov
    Skokie,
    Illinois
    60076
    (Via
    First
    Class
    Mail)
    PLEASE
    TAKE
    NOTICE
    that
    I
    have
    today
    filed
    with
    the
    Office
    of
    the
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board
    the
    Illinois
    EPA’s
    Motion
    to
    Dismiss,
    a
    copy
    of
    which
    is
    herewith
    served
    upon
    you.
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    B%h?/&t/V
    imberly
    4L
    Geving
    Assistant
    Qounsel
    Division
    of
    Legal
    Counsel
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    E
    C
    CLERK
    R09-22
    Rulemaking-Land
    )
    )
    )
    )
    )
    )
    )
    NOTICE
    JUL
    092009
    STATE
    OF
    ILL
    INO
    IS
    POU(Jton
    Control
    Board
    1

    DATE: July
    7,
    2009
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    (217)782-5544
    2

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOAR
    0
    CLR,cED
    IN
    THE
    MATTER
    OF:
    )
    JUL
    0920
    s
    )
    PoIiT
    LL’No,s
    PETITION
    OF
    MAXIMUM
    )
    R09-22
    trol
    iNVESTMENTS,
    LLC
    FOR
    A
    RULE
    OF
    )
    (Rulemaking-Land)
    GENERAL
    APPLICABILITY
    )
    (35
    Ill.
    Adm.
    Code 618)
    )
    MOTION
    TO
    DISMISS
    NOW
    COMES
    the
    Illinois
    Environmental
    Protection
    Agency
    (“Illinois
    EPA”),
    by
    one
    of
    its
    attorneys,
    Kimberly
    A.
    Geving,
    and, pursuant
    to
    35
    Ill.
    Adm.
    Code
    102.2
    12(a)
    and
    (d)
    and
    35
    Ill.
    Adm.
    Code
    10
    1.500,
    hereby
    respectfully
    moves
    the
    Illinois
    Pollution
    Control
    Board
    (“Board”)
    to
    dismiss
    the
    above
    action.
    In
    support
    of
    its
    motion,
    the
    Illinois
    EPA
    states
    as
    follows:
    1.
    On
    June
    22,
    2009,
    Richard
    Rosenbaum,
    Manager
    of
    Maximum
    Investments,
    LLC
    (“Petitioner”)
    filed
    a
    Petition
    for
    a Rule of
    General
    Applicability.
    2.
    Petitioner’s filing
    is
    improper
    in
    that
    it
    requests
    the
    Board
    to
    adopt
    a
    rule
    of
    general
    applicability
    to
    define
    “review
    and
    evaluation
    services”
    under
    Section
    22.2b(a)(3)
    of
    the
    Illinois
    Environmental
    Protection
    Act
    (“Act”)
    [
    415
    ILCS 5/22
    .2b(a)(3)].
    Under
    Section
    22.2b(e)
    of
    the
    Act,
    it
    is
    the
    Illinois
    EPA
    that
    has
    the
    authority
    to
    adopt
    any
    such
    regulations,
    not
    the
    Board.
    3.
    In
    the
    alternative,
    even
    if
    the
    Board
    had
    the
    authority
    to
    adopt
    such
    a
    regulation,
    the
    Petitioner’s
    Petition
    fails
    to
    satisfy
    the
    content
    requirements
    for
    Board
    regulatory
    proposals
    under
    35
    Ill.
    Adm.
    Code
    102.202.
    First
    of
    all,
    Petitioner’s
    proposal
    is
    not
    drafted
    in
    accordance
    with
    1111.
    Adm.
    Code
    l00.Subpart
    C.
    Second,
    the
    Petitioner’s
    proposal
    is
    not
    accompanied
    by
    a statement
    of
    reasons
    that
    includes
    all
    the
    requirements

    of 35111.
    Adm.
    Code 101.202(b).
    Third, the
    Petitioner’s
    proposal
    is
    not accompanied
    by
    a
    petition
    signed by
    at least
    200
    persons,
    as
    required
    by
    Section
    28 of the
    Act and
    35 Ill.
    Adm.
    Code
    102.410(b).
    Fourth,
    the
    Petitioner’s
    proposal
    is not
    accompanied
    by
    any
    justification
    for
    the inapplicability
    or
    unavailability
    of
    materials
    incorporated
    by
    reference or
    published
    studies
    or research
    reports
    used
    in
    developing
    the
    rule,
    as is
    required
    by
    35
    Ill. Adm. Code
    102.202(k).
    Petitioner
    simply
    stated
    “None.”
    WHEREFORE,
    for the reasons
    stated
    above, the
    Illinois
    EPA
    respectfully
    requests
    that
    the Board
    grant this
    Motion
    to Dismiss.
    Respectfully
    submitted,
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    BY:______
    /Kimberly
    1
    A.
    eying
    I
    Assistant
    Counsel
    Division
    of Legal
    Counsel
    DATED:
    July 7,
    2009
    1021 N.
    Grand Ave.
    East
    P.O.
    Box
    19276
    Springfield,
    Illinois 62794-9276
    (217)
    782-5544

    STATE
    OF
    ILLINOIS
    )
    COUNTY
    OF
    SANGAMON
    )
    )
    PROOF
    OF
    SERVICE
    I,
    the
    undersigned,
    on
    oath
    state
    that
    I
    have
    served
    the
    attached
    Illinois
    EPA’s
    Motion
    to
    Dismiss
    upon the
    persons
    to
    whom
    they
    are
    directed,
    by
    placing
    a copy
    of
    each
    in
    an
    envelope
    addressed
    to:
    Dorothy
    Gunn,
    Clerk
    Illinois
    Pollution
    Control
    Board
    James
    R.
    Thompson
    Center
    100W.
    Randolph,
    Suite
    11-500
    Chicago,
    Illinois
    60601
    Matt Dunn
    Environmental
    Bureau
    Chief
    Office
    of
    the
    Attorney
    General
    James
    R.
    Thompson
    Center
    100
    W.
    Randolph,
    12
    th
    Floor
    Chicago,
    Illinois
    60601
    Bill
    Richardson
    Chief
    Legal
    Counsel
    Illinois
    Dept.
    of
    Natural
    Resources
    One
    Natural
    Resources
    Way
    Springfield,
    Illinois
    62702-127
    1
    Richard
    Rosenbaum,
    Manager
    Maximum
    Investments,
    LLC
    9437
    Karlov
    Skokie,
    Illinois
    60076
    and mailing
    them
    (First
    Class
    Mail)
    from Springfield,
    Illinois
    on
    July
    7,
    2009,
    with
    sufficient
    postage
    affixed
    as
    indicated
    above.
    SUBSCRIBED
    AND
    SWORN
    TO
    BEFORE
    ME
    This
    7th
    day
    of
    jy,
    2009.
    OFRCAL
    SEAL
    CRENDABOEHNER
    NOTARY
    PUBLiC,
    STATE
    OF
    ILUNOW
    ±
    MY
    COMMISSION
    EXPIABS
    1144009
    Notary
    Public

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