ILLINOIS POLLUTION CONTROL
BOARD
February
16,
1995
MARATHON OIL COMPANY,
)
)
Petitioner,
)
v.
)
PCB 94—237
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by R.C.
Fleiual):
On January 13,
1995,
Marathon Oil Company
(Marathon)
filed a
Motion to Reconsider the Board’s December 14,
1994 order and
opinion.
The motion was filed pursuant to
35 Ill. Adm. Code
101.246 and 101.300.
This matter was originally before the Board
on a motion for partial summary judgment filed by the Illinois
Environmental Protection Agency (Agency)
on November 2,
1994, and
a reply and cross motion for partial summary judgment filed by
Marathon on November 21,
1994.
The motion for reconsideration
asks the Board to reconsider its December 14,
1994 decision
upholding the Agency’s denial of $93,911.80
in corrective costs.
In ruling upon a motion for reconsideration the Board is to
consider,
but is not limited to, error
in the decision and facts
in the record which may have been overlooked.
(35 Ill. Adm. Code
101.246(d).)
In Citizens Against Reciional Landfill v. The County
Board of Whiteside County (March 11,
1993),
PCB 93—156, we 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.
(Korogluvan v. Chicago Title
& Trust Co.
(1st Dist.
1992),
213 Iii. App.3d 622,
572 N.E.2d 1154,1158.)”
Marathon’s motion for reconsideration does not present the
Board with new evidence,
a change in the law,
or any other reason
to conclude that the Board’s December 14,
1994 decision was in
error.
Accordingly, the motion for reconsideration
is hereby
denied.
On January 27,
1995 Marathon filed a Motion for Voluntary
Dismissal of the remaining claim for $1,012.50.
That motion is
granted.
This matter is hereby dismissed and this docket is
accordingly closed.
IT IS SO ORDERED.
2
I, Dorothy M.
Gunn,
Clerk
of the Illinois Pollution Control
Boa2rd, hereby c~tifythat the above order was adopted on the
/7~Z~~
day
of
~:/e~-~-i-~-j.
1995,
by a vote of
____________
Dorothy
M./)~unn, Clerk
Illinois ~o1lution Control Board