ILLINOIS POLLUTION CONTROL BOARD
August 20, 2009
IN THE MATTER OF:
PETITION OF MAXIMUM INVESTMENTS,
LLC FOR A RULE OF GENERAL
APPLICABILITY 35 ILL. ADM. CODE 618
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R09-22
(Rulemaking - Land)
ORDER OF THE BOARD (by G.T. Girard):
On June 25, 2009, Maximum Investments, LLC (petitioner) filed a proposal for rule of
general applicability pursuant to Section 28 of the Environmental Protection Act (Act) (415
ILCS 5/28 (2006)). The proposal (Prop.) asks that the Board propose language that would have
the review and evaluation services performed by the Illinois Environmental Protection Agency
(Agency) under Section 22.2b(a)(3) of the Act (415 ILCS 5/22.2b(a)(3) (2008)) be identical to
the review performed by the Agency under the site remediation program. Prop. at 1. On July 9,
2009, the Agency filed a motion to dismiss the petition (Mot.).
In the motion to dismiss, the Agency argues that the Board lacks authority to adopt
regulations under Section 22.2b of the Act (415 ILCS 5/22.2b (2008)) as rulemaking authority
for that section of the Act was given to the Agency. Mot. at 1. In the alternative, the Agency
argues that the petition fails to satisfy the content requirements for Board regulatory proposals.
Id
. The Agency notes that the proposal is not drafted in accordance with the rules of the
Secretary of State and the Joint Committee on Administrative Rules found at 1 Ill. Adm. Code
100.Subpart C. The Agency also notes that the proposal is not accompanied by a statement of
reasons or a justification for the inapplicability or unavailability of materials incorporated by
reference. Mot. at 1-2.
Petitioners have not filed a response to the motion and therefore have waived any
objection to the granting of the motion.
See
35 Ill. Adm. Code 101.500(d).
The Board need not determine whether the Board or the Agency has the authority to
adopt rules under Section 22.2b of the Act (415 ILCS 5/22.2b (2008)). The Board finds that the
petition has substantial deficiencies as pointed out by the Agency, and the petitioners’ have
failed to respond to the Agency’s motion to dismiss. Therefore, the Board grants the Agency’s
motion to dismiss and dismisses the petition.
IT IS SO ORDERED.
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I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on August 20, 2009, by a vote of 5-0.
_________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
