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

---