ILLINOIS POLLUTION CONTROL BOARD

June

23,

1992

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

v.

)

AC 89-224

(Docket

B)

)

(Administrative Citation)

JOHN VANDER,

)

)

Respondent.

ORDER OF THE BOARD

(by N. Nardulli):

This matter

is before the Board on a June 2,

1992 letter of

Southern Illinois Asphalt Co.,

Inc.

(Southern).

Southern states

that “bjecause

Vander is a subcontractor,

I have paid the $1,000

fine and by means of this letter,

I am asking for relief from the

$1,225.01 costs.”

The Board construes this letter as a motion

for reconsideration of the Board’s April 23,

1992 opinion and

order imposing hearing costs of $1,225.01 on John Vander.

Southern’s motion for reconsideration is denied for the

following reasons:

(1)

Southern is not a party to this

administrative citation proceeding and, therefore, has no

standing to seek reconsideration~and

(2) even if Southern had

standing, motions for reconsideration must be filed within 35

days of the Board’s order

(35 Ill. Adm. Code 101.246(a))

such

that the instant motion is five days late.

Only Vander has

standing to ask the Board for reconsideration of the Board’s

April 23,

1992 and he has not done so in a timely manner.

Southern’s request for relief from the imposition of hearing

costs against John Vander

is denied.

IT IS SO ORDERED.

I,

Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certi,fy that the above order was adopted on the

~

day of

____________,

1992 by a vote of

7—~

-‘Dorothy M.7~1nn,Clerk

Illinois Pdllution Control Board

134—365