TRANSMITTAL LETTER FOR BOARD MEETING OF OCTOBER 7, 2010
COMMITTEE ON INDUSTRIAL WASTE AND WATER POLLUTION
Mr. Richard Lanyon, Executive Director
Title
Authority for the Board of Commissioners to review the request by Agri-Fine Corporation, 2701 East 100th Street, Chicago, Illinois, for review of the 2009 User Charge Liability Determination made by the Director of the Monitoring and Research Department - Appeal No. 10D-006
Body
Dear Sir:
Agri-Fine Corporation (Agri-Fine) submitted their 2009 User Charge Annual Certified Statement (RD-925) on February 29, 2010 and reported a Net User Charge (NUC) of $199,584.28. The District revised Agri-Fine’s 2009 NUC from the reported $199,584.28 to $339,089.07 and advised Agri-Fine of this revision in its letter dated April 1, 2010.
Agri-Fine appealed the revision of the 2009 User Charge liability as determined by the Director of the Monitoring and Research Department (Director), by letter dated May 21, 2010. A meeting was held on July 21, 2010, with representatives from Eagle Environmental Company and the Monitoring and Research Department, wherein an appeal of Agri-Fine’s 2009 User Charges was presented. The Director, by letter dated August 19, 2010, which was received by Agri-Fine on August 20, 2010, advised that the NUC, in the amount of $339,089.07 as recomputed by the District, would stand.
Mr. Arthur J. Sherman, P.E., of Eagle Environmental Company, wrote to the Director by letter dated September 15, 2010, which was received by the District on September 21, 2010, advising that Agri-Fine did not concur with the determinations 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 regarding the Director’s determinations of this matter. This request for a hearing was made in a timely manner. As of the date of this letter, Agri-Fine has paid $287,966.22 toward their 2009 User Charge liabilities. Therefore, the request for a hearing is in conformance with the provisions of Section 9 of the Ordinance relating to “User Appeal Procedure.” Pursuant to the provisions of Section 9 of the Ordinance, the Board shall review the petition for appeal and if it elects to entertain the request for appeal, determine whether the Board will conduct the hearing itself or delegate same to another person.
Accordingly, it is respectfully submitted that the Executive Director request the Board to determine if it will entertain the instant request for appeal by Agri-Fine and if it elects to do so, then with respect to the hearing therefore:
1. Set a date certain upon which the Board would hear the appeal, while sitting en banc; or
2. Designate a person to conduct such a hearing on behalf of the Board in accordance with Section 9 of the Ordinance.
Requested, Louis Kollias, Director of Monitoring and Research, LK:TG:PLK:JAS:CM:bk
Recommended, Frederick M. Feldman, General Counsel
Respectfully Submitted, Patricia Horton, Chairman Committee on Industrial Waste and Water Pollution
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for October 7, 2010