RECEV
BEFORE
THE
ILLINOIS POLLUTION
CONTROL
BOARERK’S
OFFIG
JUL
202009
IN THE MATTER
OF:
SThTE
OF
ILLiNOISd
PETITION OF
MAXIMUM INVESTMENTS,
LLC)
AS-09-02
poIutiOfl
Gofltr0
O
FOR AN
ADJUSTED STANDARD
FROM
)
35 ILL TNOIS
ADMINISTRATIVE CODE
)
740 210(A)3 FOR
THE STONEY CREEK
)
LANDFILL IN PALOS HILLS, IL
)
MOTION TO RECONSIDER
RE ADJUSTED
STANDARD
The Board issued its
order
of June 18,
2009 denying Petitioner the
relief requested.
Petitioner hereby requests that the Board
reconsider its’ finding for the
following reasons.
Board member T.E. Johnson dissented from the Board’s opinion.
Petitioner
believes that
Johnson’s
points are well taken and a closer review of the statute
indicates that the Board
does
have the authority to take the requested action under the statute.
The relevant definitions under the act are (emphasis added):
415 ILCS 5/58.2 Remediation Applicant’
(RA) means any
person seeking to perform
or
performing investigative or remedial activities under this Title, including the owner or
operator of the site or persons authorized
by
law or consent to act on behalf of or in lieu
of the owner or operator of the site.
415
ILCS 5/5 8.7 b) Review and
evaluation by the Agency.
(1) Except for sites excluded under
subdivision (a) (2) of Section 58.1, the Agency shall,
subject to available resources,
agree to provide review and evaluation services for
activities
carried
out pursuant to this
Title for which the RA requested the services in
writing.
As a condition for providing
such services, the Agency may require that the RA
for a site:
(A) Conform with the procedures
of this Title;
(B) Allow for or otherwise
arrange site visits or other site evaluation
by
the Agency when
so
requested;
(C) Agree to perform
the Remedial
Action Plan as approved under this
Title;
(D) Agree to pay any
reasonable costs
incurred and documented
by the Agency in
providing such services;
(E)
Make an advance
partial payment to
the Agency for such anticipated services in an
amount, acceptable to
the Agency, but
not
to exceed
$5,000
or one-half of the total
anticipated
costs
of the Agency, whichever
sum is less; and
F) Demonstrate, if necessary,
authority
to
act on behalf of or in lieu of the owner or
operator.
Section
58.2
specifically
defines a
Remediation
Applicant
as
any
person wishing
to
perform an
investigation
and does
not
limit the definition
to
the
owner.
Similarly,
Section
58.7b states
that the
Agency may
require
a
demonstration
of authority
to act
on
behalf
of
the
owner
but does
not require
the
Agency
to obtain
such
a document.
Section
740.2
10
of
the
Administrative
Code is inconsistent
with
Section
58.7b in
that it
states
the
Agency
shall obtain
written
consent
of the
owner.
This is
a
general standard
that
the Board
has the
authority
to adjust
without
violating the
statute.
Wherefore
Petitioner
prays
that the
Board
reconsider
the
Petition and
grant
the
relief
requested.
Llewellyn
Kennedy
Weil
& Associates
60
Revere Drive
Suite
888
Northbrook,
IL 60062
847-509-0015
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
IN
THE
MATTER
OF:
PETITION
OF
MAXIMUM
INVESTMENTS,
LLC)
AS-09-02
FOR
AN ADJUSTED
STANDARD
FROM
)
E
C
V
E
D
35 ILL
LNOIS
ADMINISTRATIVE
CODE
)
CLERKS
OFFICE
740.2
l0(A)3
FOR
THE
STONEY
CREEK
)
JUL
20
200Q
LANDFILL IN PALOS
HILLS,
IL
)
STATE
OF
ILLINOIS
Pollution
Control
Board
Certificate
of Service
I, the
undersigned,
certify
that
I
have
served
the
attached
Brief
re
Adjusted
Standard,
by
depositing
in the
US Postal
Service
first
class
postage
prepaid
on
July
/7,
2009,
upon
the
following
persons:
Pollution
Control
Board,
Clerk
Mr. William
Ingersoll
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
Mr.
Brad
Halloran
Pollution
Control
Board
100
W
Randolph
Thompson
Center,
Suite
11-500
Chicago,
IL
60601-3218
I
/
7?
Richard
Rosenbaum