TRANSMITTAL LETTER FOR BOARD MEETING OF SEPTEMBER 19, 2019
COMMITTEE ON INDUSTRIAL WASTE AND WATER POLLUTION
Mr. Brian A. Perkovich, Executive Director
Title
Authority for the Board of Commissioners to review the petition of Vantage Oleochemicals, 4650 South Racine Avenue, Chicago, Illinois, to appeal the 2018 User Charge Liability Determination made by the Director of the Monitoring and Research Department, Appeal No. 19B-001
Body
Dear Sir:
Vantage Oleochemicals submitted its 2018 User Charge Annual Certified Statement (RD-925) on February 14, 2019, and reported a Net User Charge (NUC) of $460,393.75. The District revised Vantage Oleochemicals’ 2018 NUC from the reported $460,393.75 to $497,892.71 and advised Vantage Oleochemicals of this revision in its email sent on March 12, 2019.
Vantage Oleochemicals appealed the revision of its 2018 User Charge liability as determined by the Director of the Monitoring and Research Department (Director), by letter dated May 10, 2019. A meeting was held on June 18, 2019, with representatives from Vantage Oleochemicals, its consultant Environmental Monitoring and Technologies, Inc., and the Monitoring and Research Department, wherein the appeal of Vantage Oleochemicals’ 2018 User Charges was presented. The Director, by letter dated July 17, 2019, which was received by Vantage Oleochemicals on July 23, 2019, advised that the NUC of $497,892.71 would be revised to $477,341.27.
Vantage Oleochemicals wrote to the Director by letter dated August 7, 2019, which was received by the District on August 13, 2019, advising that Vantage Oleochemicals did not concur with the determination of the Director and, in accordance with Section 9 of the District’s User Charge Ordinance (Ordinance), petitioned the Board of Commissioners (Board) for a hearing on its appeal of the Director’s determination of this matter. This petition for a hearing was made in a timely manner. As of August 19, 2019, Vantage Oleochemicals has paid $460,393.76 toward their 2018 User Charge liabilities, which comprises more than the required 75% of the NUC calculated by the District as a result of the Director’s determination. Therefore, the request for a hearing is in conformance with the provisions of Section 9 of the Ordinance relating to “Appeals to the Board of Commissioners.” Pursuant to the provisions of Section 9b(2) of the Ordinance, the Board shall review the petition for appeal and determine whether it will conduct the hearing itself or delegate same to an assigned hearing officer.
Accordingly, it is respectfully submitted that the Executive Director request that the Board:
1. Set a date certain upon which the Board would hear the appeal of Vantage Oleochemicals while sitting en banc; or
2. Designate that an assigned hearing officer conduct such a hearing on behalf of the Board in accordance with Section 9 of the Ordinance.
Requested, Edward W. Podczerwinski, Director of Monitoring and Research, EWP:GY:EPI:EO:LB:lk
Recommended, Susan T. Morakalis, General Counsel
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for September 19, 2019
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