ILLINOIS POLLUTION CONTROL
BOARD
April 23,
1992
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 89—215(A)
)
(IEPA No. 9926—Ac)
OMER THOMAS,
)
(Administrative Citation)
Respondent.
ORDER OF THE BOARD
(by B.
Forcade):
This matter comes before the Board on a February 27,
1992,
motion for reconsideration filed by the respondent,
Omer Thomas.
The Illinois Environmental Protection Agency (Agency)
filed a
motion for leave to file instanter and response in opposition to
reconsideration on March 23,
1992.
The Agency’s motion to file
instanter is granted.
The respondent filed a reply to the Agency’s response on
March 26,
1992.
Pursuant to 35
Ill.
Adin. Code 101.241(c),
the
party who files a motion does not have the right to file a reply
unless allowed by the Board to prevent material prejudice.
The
Board does not find that material prejudice will result and will
not consider the respondent’s reply.
Respondent’s motion for reconsideration raises issues which
the Board has already considered in its decision of January 23,
1992.
The Board finds that respondent has raised nothing new
that would persuade it to reconsider its prior
decision.
Therefore, the Board denies the motion to reconsider and
reaffirms its opinion and order of January 23,
1992.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act
(Ill. Rev.
Stat. 1991 ch. 111 1/2,
par.
1041)
provides for appeal of final
orders of the Board within 35 days.
The Rules of the Supreme
Court of Illinois establish filing requirements.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board
hereby certify that the above order was adopted on the
__________
day of
________________,
1992, by a vote of
70.
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Dorothy M.
G,J4tln, Clerk
Illinois PoLlution Control Board
133—175