ILLINOIS POLLUTION CONTROL BOARD

February 6,

1992

ENVIRITE CORPORATION,

a Pennsylvania Corporation,

)

)

Complainant,

)

V.

)

PCB 91—152

(Enforcement)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY and

)

PEORIA D~ESPOSALCOMPANY,

)

)

Respondents.

ORDER OF THE BOARD

(by M. Nardulli):

This matter is before the Board on the January 22, 1992 motion

for reconsideration filed by Envirite Corporation

(Envirite).

By

the

instant motion,

Envirite asks that the Board reconsider its

December

19,

1991

decision

which:

(1)

dismissed

Envirite’s

complaint

against

the

Illinois

Environmental

Protection

Agency

(Agency);

(2) granted summary judgment in favor of Peoria Disposal

Company

(Peoria);

and

(3)

denied Envirite’s motion for leave

to

file

a

reply.

On

February

5,

1992,

respondents

filed

a

joint

response.

The Board finds no reason to reconsider its December 19, 1991

decision

in

which

the

Board

construed

Section

39(h)

of

the

Environmental Protection Act

(Ill. Rev.

Stat.

1989,

ch.

ill 1/2,

par.

1039(h)) and concluded that Peoria was both the generator and

owner for purposes of Section 39(h).

Additionally, the Board will

not reconsider its decision granting the Agency’s motion to dismiss

or its denial of Envirite’s motion for leave to file a reply.

The

Board stands by its decision granting summary judgment in favor of

Peoria

and denying Envirite’s cross motion for summary judgment.

Envirite’s motion for reconsideration is denied.

•

IT IS SO ORDERED.

Section

41

of

the Environmental

Protection Act

(Ill.

Rev.

Stat.

1989,

ch.

111

1/2,

par.

1041)

provides for the appeal of

final Board orders within 35 days.

The Rules of the Supreme Court

of Illinois establish filing requirements.

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Bo~r~,hereby c~ify that the above Order was adopted

1on

the

~

day

of

~

,

1992 by a vote of

~‘

~

1

,~

~

~

~

~—‘DorothyN. ,~ünn, Clerk

Illinois PMlution Control Board

130—53