ILLINOIS POLLUTION CONTROL BOARD

May 5, 1993

MATERIAL RECOVERY CORPORATION,

)

Petitioner,

v.

)

PCB 93-11

(Landfill Siting)

VILLAGE OF LAKE IN THE HILLS,

)

Respondent.

ORDER OF THE BOARD (by G. T. Girard):

On April 22, 1993, the Board received a motion to reconsider

the Board’s March 11, 1993, order filed by the Village of

Huntley, the Village of Lakewood and LEAC II (movant). The March

11, 1993 order denied a motion by movant to intervene in this

proceeding. On April 28, 1993, the Board received a response to

the motion to reconsider filed by petitioner.

The Board’s procedural rules at 35 Iii. Adm. Code 101.300

provides, in pertinent part, that: “Motions for reconsideration

or modification of a final Board order shall be filed within 35

days of the order”. The motion to reconsider was received by the

Board 42 days after March 11, 1992 and was mailed 40 days after

March 11, 1993. Therefore, the Board declines to consider the

motion to reconsider as the motion was filed late. Further, even

if the Board were to consider the motion, the motion presents no

new facts or arguments.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above order was adopted on the

,3~

day of

_______________,

1993, by a vote of

5~C)

Ill mo

Clerk

lution Control Board

‘)

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