ILLINOIS POLLUTION CONTROL BOARD
    September 17,
    1987
    WILLIAM AND DELORES CARTER,
    )
    Complainants,
    and
    LEROY AND MARGUERITE STANLEY,
    )
    Intervenors.
    v~.
    )
    PCB 83—132
    DUNN COMPANY,
    Respondent,
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On September
    14,
    1982,
    the Respondent, Dunn Company,
    filed a
    motion
    to reconsider
    the Board’s decision of August
    6,
    1987,
    in
    the above—captioned matter.
    The Dunn Company provided proof
    of
    service on the Complainants, Carter and the Intervenors, Stanley,
    which indicates that service was effected by U.S. Mail
    (class
    unspecified)
    on September
    11,
    1987.
    The motion for reconsider-
    ation
    is untimely as the 35—day period specified in
    35
    Ill. Adm.
    Code 103.240 ended on September
    10,
    1987.
    The motion for recon-
    sideration
    is therefore denied.
    Dunn Company had filed an earlier document entitled “Motion
    to Reconsider”
    on August 20, 1987.
    This document contained no
    proof of service on the Complainants and Intervenors,
    in
    violation of 35
    Ill. Adm. Code 103.123.
    The Board, by Order
    dated September
    4,
    1987,
    noted
    the lack of proof of
    service and
    indicated that the document would not be deemed filed until
    adequate proof of service was filed with the Board.
    Dunn Company
    subsequently effected service and filed proof
    of same on
    September
    14,
    1987,
    However, neither the service nor the filing
    of the motion for reconsideration were timely.
    In addition, even
    if Dunn Company’s motion
    to reconsider had
    been timely filed,
    the Board would not reconsider or modify its
    decision.
    First,
    the Dunn Company’s motion
    is unverified.
    As
    such,
    it presents no new facts with which
    this Board can
    reconsider
    its August
    6,
    1987, decision.
    Second,
    even
    if the
    assertions
    in the Dunn Company’s motion were verified,
    they do
    not support reconsideration and modification
    of the August
    6,
    1987, Order.
    81—225
    —2—
    Dunn asserts
    that
    it no longer operates
    a small batch mixing
    asphalt plant but has operated
    a drum mix plant since 1985.
    While
    this assertion conflicts with the evidence Dunn Company
    introduced
    at hearing, Dunn Company presents no information or
    argument as
    to how this change
    in operation impacts odor and
    particulate emissions.
    It
    is quite possible that such a process
    change from
    a small plant
    to
    a larger operation results
    in
    increased emissions.
    The Board
    is at a loss as
    to how this
    justifies reconsideration.
    Dunn Company further alleges
    that
    it has priority
    of
    location over
    the neighboring resident—complainants
    as
    it has
    conducted some form of
    business
    at this site for thirty years.
    While
    this allegation is similarly unverified and unsupported,
    it
    also seems
    to conflict with Dunn Company’s
    first allegation that
    its facility substantially changed and expanded in
    1985.
    Consequently, even
    if Dunn Company’s motion was timely and
    verified, reconsideration is not justified.
    In summary, Dunn Company’s Motion to Reconsider
    is denied
    as
    untimely and because
    the motion presents no facts or
    rationale
    that would justify reconsideration or modification
    of the Board’s
    August
    6,
    1987, Order.
    Section
    41
    of the Environmental
    Protection Act,
    Ill. Rev.
    Stat.
    1985,
    ch.
    111—1/2, par.
    1041,
    provides for appeal
    of final Orders
    of the Board within
    35
    days.
    The Rules of
    the Supreme
    Court
    of Illinois establish
    filing requirements.
    IT IS SO
    ORDERED
    Board
    Members Joan Anderson and J. Theodore Meyer dissented.
    I,
    Dorothy
    M. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    ~
    LI
    /
    the
    ~
    day of _________________________,
    1987,
    by
    a vote
    of
    ~
    .
    ~
    Dorothy M.
    Gunn, Clerk
    Illinois Pollution Control Board
    81—226

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