ILLINOIS POLLUTION CONTROL
    BOARD
    January 10, 1974
    )
    SHELL OIL COMPANY
    )
    (Wood River)
    )
    )
    )
    PCB 73-116
    v.
    )
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    ORDER OF
    THE
    BOARD (by Mr. Dumelle):
    On November 6, 1973 Shell filed a Motion for Leave to file a
    Motion for Reconsideration by November 22, 1973. The Board granted
    this motion on November 8, 1973. On the same date a Motion for
    Reconsideration was filed. On November 28 an Amended Motion for
    Reconsideration was filed with a supporting affidavit.
    On December 18, 1973 the Environmental Protection Agency filed
    a Response recommending a grant. The issue is then whether the
    affidavit supplies enough information to overturn the October
    4,
    1974 Opinion and Order of the Board denying the variance without
    prejudice.
    We
    find that the affidavit, although helpful, does not
    answer all of the Board~sobjections listed in the original opinion.
    And in fact it raises additional questions. The affidavit supplies
    additional effluent data for the months of June 1973 through November,
    1973 inclusive. These data were not available to the Board as of
    the hearing date of June 29, 1973. To reconsider on the basis of
    new and additional evidence is not then a reconsideration but a
    new
    consideration or in other words, a new matter. We feel it
    preferable here to begin a new proceeding with all new
    and
    additional
    information presented therein rather than to attempt to repair an
    old proceeding decided upon the record before us at that time. The
    public is better served by the procedure of starting anew.
    The affidavit seems to be internally contradictory, In
    Paragraph 5 the difficulty of reliably measuring below 0.10 mg/l
    of cyanide is alleged. And yet in Paragraph 10 the affidavit
    states that levels of 0.0035 mg/l of cyanide have been actually
    analyzed. If these latter levels have actually been measured at
    10
    —
    603
    -2-
    1/30 of the level at which good results are obtainable what
    accuracy can they have? We feel that these questions raised
    (both technical and procedural) require a new proceeding to
    handle.
    The Motion for Reconsideration is denied.
    IT IS SO ORDERED.
    I., Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Order was adopted on the /~‘~ day
    of January, 1974 by a vote of
    ~—c
    Christan L.Th1offe~.~’Clerk
    IllinOis Pollution’-’~Ontrol Board
    10— 604

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