IN THE

MATTER

OF:

PETITION

MAXIMUM

INVESTMENTS,

LLC)

FOR

ADJUSTED

STANDARD

FROM

ILL 1NOIS

ADM1NISTRATWE

CODE

)

740.210(A)3

FOR

THE

STONEY

CREEK

)

LANDFILL

PALOS

HILLS,

)

I, the

undersigned,

certify

that

have

served

the

attached

Petition

for

Rehearing

and

Amended

Petition

for an

Adjuste

Standard,

depositing

in the

Postal

Service

first

classpostage

prepaid

January,

2009,

upon

the following

persons:

Pollution

Control

Board,

Clerk

100 WRandoiph

Thompson

Center,

Suite

11-500

Chicago,

60601-3218

Division

of Legal

Counsel

Illihois

EPA

1021

N Grand

Ave

East

Box 19276

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOAR])

‘1.:3:4

AS-09-02

Certificate

of Service

• RECE!VED

CLERK’S

OFFICE

JAN

iiO9

STATE

ILLINOIS

P1tuon

Control

Board

Springfield,

6 1794-9276

Richard

Rosenbaum

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOAR])

IN THE MATTEROF:

PETITION

OF MAXIMUM

INVESTMENTS,

LLC)

FOR

ADJUSTED

STANDARD FROM

)

35 ILL 1NOIS

ADMINISTRATIVE

CODE

)

740.210(A)3

FOR THE STONEY

CREEK

)

LANDFILL

TN PALOS HILLS,

)

On December 18,

2008, the

Board dismissed

this Petition

two

grounds.

First was a

jurisdictional issue:

that the

Petition did

not include a timely

filed certificate

publication

of notice of filing.

Second was

deficiency

because

the

Petition

was

not

filed

by an attorney.

The information before

the

Board as to the first deficiency

was

incorrect.

Notice

the

Petition was published

November 18, 2008

in the Southtown

Star and

a certificate of

publication was

timely filed

with the clerk’s

office. The

clerk’s office

erroneously failed

to docket the certificate.

The second

deficiency is

addressed

by the attached Amended

Petition

filed by

petitioner’s

counsel, Weil

Associates

Submitted

Liewellyn

Kennedy

Weil

& Associates

Revere

Drive

Suite

888

Northbrook,

IL 60062

AS-09-02

REC:ENVED

CLERK’S

OFFICE

JAN

20U9

STATh

)

ILLINOIS

PoIIutio

ontroI

Board

PETITION

FOR REHEARiNG

Wherefore

Petitioner respectfully

requests that

the Board re-instate

this matter

and

consider the Amended

Petition.

847-509-0015

BEFORE

THE

ILLINOIS POLLUTION

CONTROL

BOARD

INTHEMATTEROF:

PETITION

MAXIMUM

VESTMENTS,

LLC)

AS-09-

GLERK?S

FOR

ADJUSTED

STANDARD

FROM

)

35 ILL

INOIS

ADMINISTRATIVE

CODE

)

‘

740.2

10(A)3

FOR

THE

STONEY

CREEK

)

STATE

ILUNOS

LANDFILL

PALOS

HILLS,

)

Pollution

Control

Board

PETITION

FOR

ADJUSTED

STANDARD

Petitioner:

Maximum

Investments,

LLC

Address:

9437

Karlov,

Skokie,

IL 60076

Tel:

847-673-4010

Subject

Property:

Stoney

Creek

Landfill

Address:

10900

8411)

St, Palos

Hills,

23-14-400-026

Standard

from

which

an adjusted

standard

is sought

Code

section

740.210

(A)3

requires

written

permission

from

the property

owner

included

as part

of an

application for

the

Site

Remediation

Program.

Effective

April

25,

2002

Statement

general

applicability

The

regulation

was

promulgated

meet

the requirements

of 415

ILCS

5/58.1(a)

Level

ofjustification

required

The

general

regulation

does

not

specify

level

justification

required

petitioner

qualify

for an

adjusted

standard.

Petitioner

believes

that

factors

the

subject

property

are substantially and

significantly

different

from

factors

relied

upon

the

Board

in adopting

the

general

regulation;

that

the

existence

those

factors

justify

adjusted

standard;

the

requested

standard

will

not result

environmental

health

effects

substantially

and

significantly more

adverse

than

the

effects

considered in

adopting the general

standard

and that

the

adjusted

standard

consistent

with

applicable

federal

law.

Description

petitioner’s

activity

Petitioner holds

a tax lien

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.

Efforts

necessary

petitioner

were to comply with

regulation

of general

applicability

The

general standard

requires

the written

pennission of

the property owner.

Since

there is no

property owner,

petitioner

unable

to comply

with the general

standard and would

be unable to enroll

the property

the

Site

Remediation

Program. The prior

owner filed for bankruptcy

the

1970’s and

now believed

deceased.

Proposed adjusted

standard

The

requirements

section 740.2

10(a) 3 requiring the

written

permission

the

property

owner

for

conducting investigative

and remedial

activities

hereby

waived with regards

to the subject property.

There

no effort necessary

achieve

this

proposed

standard and no costs

will

incurred.

Impact

petitioner’s

activity

the environment

There

no difference

impact

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.

Justification

of proposed

adjusted standard

Compliance

with the general

standard is not possible

since

the property

abandoned.

Failure

grant

an adjusted standard would

result

the property

not

being enrolled

in the Site Remediation

Program and not

being returned to

productive use

or the tax

rolls.

Reasons

for

granting

proposed

adjusted

standard

The

adjusted

standard

requested does

not

have

any impact upon

the

environmental standards

ultimately

to be imposed and

merely

addresses a

procedural

requirement

under

the Illinois Administrative

Code.

Statement regarding

hearing

Petitioner waives

a hearing on the petition

Citation of legal authorities

legal authority is cited.

Additional information

None

Submitted by

Liewellyn Kennedy

Weil &

Associates

Revere

Drive

Suite 888

Northbrook, IL 60062