ILLINOIS POLLUTION CONTROL BOARD
    August 9, 2007
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CSX TRANSPORTATION, INC.,
    Respondent.
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    PCB 07-16
    (Enforcement - Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On July 23, 2007, the People of the State of Illinois (People) filed a motion asking the
    Board to reconsider a July 12, 2007 opinion and order. On August 6, 2007, CSX Transportation,
    Inc. (CSX) filed a response in opposition to the motion. The Board’s July 12, 2007 opinion and
    order found that CSX had violated Sections 12(a), (d) and 21(a) of the Environmental Protection
    Act (415 ILCS 5/12(a), (d), and 21(a) (2006)). The Board directed CSX to cease and desist from
    further violations and found that a civil penalty was not warranted. The People ask the Board to
    reconsider the decision not to impose a civil penalty.
    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 (Mar. 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 the People have provided no new evidence or a change in the
    law that would indicate that the Board’s July 12, 2007 decision not to impose as civil penalty
    was in error. Therefore the motion to reconsider is denied.
    IT IS SO ORDERED.
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2006);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
    2
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on August 9, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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