CEUVED
CLERK’S
OFFGE
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOA
31
28
ADMINISTRATIVE
CITATION
STATE OF
ILUNOIS
Pollution
Control
Board
Illinois
EPA,
Complainant,
v.
AC
09-14
Reynolds
Service
Co., Inc.,
Respondent.
MOTION
TO RECONSIDER
AND
VACATE
On
behalf of
the Respondent,
Reynolds Service
Co.,
Inc.,
Thomas J. Immel,
of
the
law firm
of Feldman,
Wasser Draper
and Cox,
hereby
files this Motion
to
Reconsider
and
Vacate the
Order entered
by this Board
on December
18, 2008 (and
an Order
apparently
also entered by
the Board on
December
4, 2008) in the instant
case,
and in support
thereof
states as follows:
1.
Complainant’s
Response
to Motion
to Clarify
Record
arrived
in the
undersigned’s
weekend mail on
Saturday,
November 22,
2008 and
was
seen
for the
first
time by
the
undersigned
on
Monday,
November
24th.
2. Notwithstanding
the
press
of
business
and the
short Thanksgiving
Holiday
week, the undersigned
gathered
necessary
documents
that were responsive
to
(and
contradicted)
the
Complainant’s
Response,
and
prepared
a verified
Reply
to
Complainant’s
Response to Motion
to Clarify
Record which
was
sent
by
Certified
Mail to
the Board
on December
3rd
and
received
by the
Board
Clerk
on
December
5th
Because
of
the
press
of
time
involved
in
assembling
Page 1 of
4
the
verified
Reply and
supporting
exhibits, the
undersigned
inadvertently
did
not
include
a
Motion
for Leave to
file the Reply,
for
which the
undersigned
apologizes.
3.
Unbeknownst
to the
undersigned,
the Board evidently
entered an
Order
on
December 4, 2008
which, in
substance,
denied
the
pending Motion
to Clarify
Record
and, of course,
did not
take
into consideration
the contents
of the
verified
Reply filed
by the
undersigned
on behalf
of Respondent.
4.
Presumably,
no copy
of the December
4, 2008 Order was
ever sent to the
undersigned
because
it
has never
been
received.
The undersigned
only
learned
of a
December 4, 2008
Order by reading
the Board’s
December
18t1
Order when it
was
received
on Christmas Eve,
December
24th
via certified
mail.
Said Order refers
to a
December
4th
Order, hitherto
unseen.
5. Knowing
that
whatever Order
was entered by
the
Board
on December
4t
could not have
considered
or addressed the
important
matters contained
in
the
verified
Reply which
the
Board
(and Complainant)
received
the following
day,
the
undersigned
files this
instant
Motion to
Reconsider
and
Vacate
so as
to protect
the rights
of the
Respondent
and to
afford the
Board
the
opportunity
to
make
a
decision
on the Motion to
Clarify
Record
which
considers
gj
the factual
background necessary
to properly
decide the matters
raised.
6.
Therefore,
Respondent prays
that the
Board
take the
following
actions:
Page
2
of
4
a)
Accept
the Respondent’s
verified Reply
to
Complainant’s
Response
to
Motion
to
Clarify
Record
for
formal filing.
b)
Reconsider
and
Vacate
the Orders
entered
by
the
Board
on
December
4
& 18,
2008.
c)
Decide
the
Motion
to
Clarify
Record
based upon
all of the
pleadings
then
on file,
including
the
verified
Reply.
d) Find
that the
Respondent’s
Petition
for
Review
is
properly
before
the
Board
for
consideration
and
order
this
matter
set down
for
hearing
at a
time
and
place
mutually
convenient
to the parties,
where the
parties
may
be
heard and
allowed
to
develop
a
record
that either
does
or
does
not
support
the
allegations
of
the
Administrative
Citation.
Respectfully
submitted,
Reynolds
By:
J.
Immel
Page
3
of 4
VERIFICATION
Under
penalties
as
provided by
law
pursuant to Section
1-109
of the
Code
of
Civil
Procedure, the
undersigned
certifies
that the statements
set
forth
in
this
Motion
to
Reconsider
& Vacate are
true
and correct, except
as to
matters therein
stated to
be on
information
and
belief and as
to such matters
the
undersigned
certifies
as
aforesaid
that
he verily believes
the same to
be true.
Thomas
J.
Immel
CERTIFICATE
OF
SERVICE
The
undersigned
of
FELDMAN,
WASSER,
DRAPER &
COX hereby certifies
that a
copy
of the
foregoing
document
was served upon
each
of the
addressees
hereinafter
set forth by
enclosing the
same in an
envelope plainly
addressed to
each
of the
said addresses,
with
postage
fully prepaid, and
depositing
same in a U.S.
Mail
Box in
Springfield,
Illinois
on Saturday,
the 27th day
of December,
2008:
Michelle
Ryan
IEPA
Bureau
of
Legal
Counsel
1021
North Grand
Avenue
East
P0 Box
19276
Springfield,
IL
62794-9276
and that
the
original
and 10
copies
was mailed to:
John
Therriault,
Clerk
Illinois Pollution
Control
Board
James
R. Thompson
Center, Ste.
11-500
100 West
Randolph
Chicago,IL
60601
Thomas
J.
Immel
Page 4 of 4