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

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