ILLINOIS POLLUTION CONTROL BOARD

September 9, 1993

LARRY

SLATES, LONNIE

SEYMOUR, JAMES KLABER,

FAYE MOTT, and HOOPESTON

COMMUNITY MEMORIAL HOSPITAL,

)

Petitioners,

v.

)

PCB 93—106

)

(Landfill Siting Review)

ILLINOIS LANDFILLS, INC., and

HOOPESTON CITY COUNCIL, on

behalf of the CITY OF

)

HOOPESTON,

Respondent.

ORDER OF THE BOARD (by J. Theodore Meyer):

This matter is before the Board on petitioners’ motion to

reconsider, mailed on August 31, 1993 and filed on September 1,

1993. Petitioners ask the Board to reconsider its July 22, 1993

order dismissing C.A.R.E. and the Hoopeston Industrial Commission

as petitioners for lack of standing. Respondent Illinois

Landfills, Inc. filed a response in opposition on September 3,

1993.

Petitioners’ motion to reconsider is denied. As respondents

note, petitioners’ motion is untimely. The Board’s procedural

rules clearly state that motions for reconsideration shall be

filed within 35 days of the adoption of the order. (35 Ill. Adin.

Code 101.246(a).) Thirty-five days after the July 22 adoption of

the order expired on August 26, 1993. Thus, even applying the

Board’s mail—box rule (see 35 Ill. Adm. Code 101.102(d)), the

motion is untimely. Petitioners did not include a motion to file

instanter.

The motion to reconsider is denied as untimely.

IT IS SO ORDERED.

B. Forcade dissented, and G. T. Girard and C. Manning

concurred.

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

Board1 hereby certi~yth~tthe above order was adopted on the

c/t/

day of

~

1993, by a vote of

______

/(

Dorothy M. Gur~in, Clerk

Illinois PoJjution Control Board