ILLINOIS POLLUTION CONTROL BOARD
    January 8, 2004
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    QC FINISHERS, INC., an Illinois corporation,
     
    Respondent.
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    PCB 01-7
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    QC Finishers, Inc. (QC Finishers) filed two motions on October 22, 2003. In the first
    motion, QC Finishers asks the Board to rule on several pleadings. In the second motion, QC
    Finishers asks the Board to “reopen” its September 18, 2003 decision denying QC Finisher’s
    motion to reconsider. The People of the State of Illinois (People) filed a response on October 22,
    2003, opposing the motions. For the reasons below, the Board denies QC Finishers’ motions,
    but allows the filing of a supplemental answer and any responsive motions.
     
    By way of background, on June 19, 2003, the Board granted in part and denied in part the
    People’s motion to strike purported affirmative defenses raised by QC Finishers. On July 31,
    2003, QC finishers moved the Board to reconsider. The People filed a response to the motion on
    August 28, 2003. QC Finishers then moved the Board to strike the People’s response as
    untimely or, alternatively, to grant QC Finishers leave to file a reply. The Board denied QC
    Finishers’ motion to reconsider on September 18, 2003. QC Finishers now seeks explicit Board
    rulings addressing QC Finishers’ motion to strike or, alternatively, reply. Motion at 1-3.
     
    The Board denies QC Finishers’ motion for ruling. The basis for denying QC Finishers’
    motion to reconsider was the inadequacy of the motion itself, as stated plainly in the Board’s
    September 18, 2003 order.
    See
    People v. QC Finishers, Inc., PCB 01-7, slip op. at 1 (Sept. 18,
    2003). Simply, QC Finishers’ motion to reconsider failed to present the Board with any reason
    to conclude that the Board had erred. The Board did not cite to or rely upon the People’s late
    response as support for the Board’s denial. QC Finishers’ motion to strike or, alternatively, reply
    is moot and therefore does not now warrant a Board ruling, well after the Board already ruled on
    the merits of the motion to reconsider.
     
    QC Finishers also asks the Board to reopen the Board’s September 18, 2003 denial of QC
    Finishers’ motion to reconsider. At bottom, QC Finishers complains that the Board’s order
    denying reconsideration was not sufficiently detailed in addressing each issue raised by QC
    Finishers’ motion to reconsider. Motion at 2-3. In response, the People characterize QC
    Finisher’s motion to reopen as merely a second motion to reconsider, which is “unnecessary and
    redundant” in view of the Board’s September order. Response at 2.
     
     
    2
    The Board found in its September 18, 2003 order that QC Finishers failed to present the
    Board with new evidence, a change in the law, overlooked facts, or any other reason to conclude
    that the Board erred in its June 19, 2003 order.
    See
    QC Finishers, Inc., PCB 01-7, slip op. at 1
    (Sept. 18, 2003). The Board denies QC Finishers’ motion to reopen.
     
    In the interest of expediting this proceeding, however, the Board grants QC Finishers 21
    days from service of this order to file a supplemental answer setting forth any affirmative
    defenses.
    See
    35 Ill. Adm. Code 103.204(d). The Board grants the People 21 days from service
    of the supplemental answer to file any responsive motion.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 8, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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