ILLINOIS POLLUTION CONTROL BOARD

September 18, 2003

 

PEOPLE OF THE STATE OF ILLINOIS, )

 

  

  

  

  

  

  

)

Complainant, )

 

  

  

  

  

  

  

)

v. ) PCB 01-7

 

  

  

  

  

  

  

) (Enforcement - Air)

QC FINISHERS Inc., )

 

  

  

  

  

  

  

)

Respondent. )

 

ORDER OF THE BOARD (by M.E. Tristano):

 

On June 19, 2003, the Board issued an order that granted in part the People of the State of

Illinois’ (People) motion to strike several of QC Finishers, Inc., (respondent) affirmative

defenses. On July 31, 2003, respondent filed a motion (Mot.) asking the Board to reconsider the

June 19 order. On August 28, 2003, the People filed a response in opposition to the motion for

reconsideration.

 

In ruling upon a motion for reconsideration, the Board is to consider factors including,

but not limited to, error in the previous decision and facts in the record which were overlooked.

35 Ill. Adm. Code 101.246(d). In Citizens Against Regional Landfill v. County Board of

Whiteside, PCB 92 -156 (Mar. 11, 1993), the Board stated 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 the 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,

572 N.E. 2d 1154 (1st Dist. 1992).

 

The Board finds that the motion for reconsideration does not present the Board with new

evidence, a change in law, or any other reason to conclude that the Board’s June 19, 2003

decision was in error. Nothing in the motion to reconsider convinces the Board that an “error in

the decision” was made. Further, the Board finds that the motion to reconsider does not point to

any “facts in the record which are overlooked,” or any other reason to conclude that the Board’s

decision was in error. Therefore, the motion to reconsider is denied. The parties are directed to

expeditiously proceed to hearing.

 

IT IS SO ORDERED.

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2

 

 

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

adopted the above order on September 18, 2003, by a vote of 5-0.

 

 

  

  

  

  

  

 

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board