ILLINOIS POLLUTION CONTROL BOARD

August

31,

1989

ANTHONY KOCHANSKI,

Complainant,

v.

)

PCB 88-16

HINSDALE GOLF CLUB,

Respondent.

ORDER OF

THE BOARD

(by J. Anderson):

On August

16,

1989,

the complainant

filed a Motion for

Reconsideration requesting that the Board reconsider

its July

13,

1989 decision in this matter.

The respondent

filed a response

to

the motion on August

22,

1989.

Additionally,

the Board received

notice on August

21,

1989 that the respondent has appealed the

July 13th decision to the Second District of the Illinois

Appellate Court.

The notice states that the appeal was filed on

August 17,

1989.

In

its response,

the respondent asserts that jurisdiction

in

this matter

is now lodged

in the Appellate Court given the

appeal.

The response also requests that certain portions of the

motion be stricken from the record.

The Board’s procedural rules allow motions

for

reconsideration provided that such a motion

is filed within 35

days of the adoption of the Board’s Order.

35 Ill. Adm. Code

101.246(a).

Since

the complainant’s motion was

filed

in a timely manner,

the Board has jurisdiction to act on the motion notwithstanding

the respondent’s appeal

filed with the Second District.

See

Clean Air Coordinating Committee v. Environmental Protection

Agency,

42

Ill. App.

3d

124,

355 N.E.2d 573

(1st Dist.

1976)

(An

appeal

of

a Board decision taken prior

to the Board’s disposition

of

a timely filed motion for reconsideration was premature and

ineffective.); Supreme Court Rule 303(a);

Ill. Rev.

Stat.

1987,

ch.

110,

par.

3—101.

Aden v. City of Freeport,

PCB

86—193,

(November

3,

1988).

The Board anticipates

that

it

will

rule on the complainant’s

motion and the respondent’s response at the Board meeting

of

September

13,

1989.

IT

IS SO

ORDERED.

102—201

---

2

I, Dorothy M. Gunn,

Clerk

of the Illinois Pollution Control

Board, he~ebycertify t)~atthe above Order was adopted on

the

~

day of

______________,

1989, by a vote

of

_____________________

I

Pollution Control Board