ILLINOIS POLLUTION CONTROL BOARD
    January 23, 2003
     
    VOGUE TYRE & RUBBER COMPANY,
     
    Petitioner,
     
    v.
     
    OFFICE OF STATE FIRE MARSHAL,
     
    Respondent.
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    PCB 95-78
    (UST Fund)
     
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On January 9, 2003, Vogue Tyre and Rubber Company (Vogue Tyre) filed a
    motion to reconsider. Vogue Tyre is asking the Board to reconsider a December 5, 2002
    order that affirmed the Office of State Fire Marshal’s (OFSM) denial of eligibility to
    access the underground storage tank reimbursement fund. On January 16, 2003, the
    (OFSM) filed a response.
     
    In ruling on a motion for reconsideration, the Board will consider factors
    including new evidence or a change in the law, to conclude that the Board’s decision was
    in error. 35 Ill. Adm. Code 101.902. In Citizens Against Regional Landfill v. County
    Board of Whiteside, PCB 93-156 (March 11, 1993), we observed that "the intended
    purpose of a motion for reconsideration is to bring to the court's attention newly
    discovered evidence which was not available at the time of hearing, changes in the law or
    errors in the court's previous application of the existing law.” Korogluyan v. Chicago
    Title & Trust Co., 213 Ill. App. 3d 622, 627, 572 N.E.2d 1154, 1158 (1st Dist. 1992).
    The Board finds that Vogue Tyre’s motion to reconsider presents the Board with no new
    evidence, change in the law, or any other reason to conclude that the Board’s December
    5, 2002, decision was in error. Therefore the motion to reconsider is denied.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on January 23, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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