ILLINOIS POLLUTION CONTROL
BOARD
August
9, 1990
CITIZENS UTILITIES COMPANY,
)
OF ILLINOIS,
Petitioner,
v.
)
PCB 85—95
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
ORDER OF THE BOARD
(by J. Anderson):
This matter
is before the Board on the May 24,
1990 filing
of a Motion for Reconsideration by Citizens Utilities Company of
Illinois,
Inc.
(“Citizens”).
The Illinois Environmental
Protection Agency
(“Agency”) has not filed a response to the
motion.
In its motion, Citizens requests the Board
to reconsider
its
May 24,
1990 opinion and order.
In support of the motion,
Citizens states that
the Board failed to follow the Appellate
Court’s February
5,
1987,
remand order.
Specifically, Citizens
states that although Appellate Court directed
the Board
to grant
the relief that Citizens requested
in its variance petition,
the
Board granted only a portion of
that relief.
The Board acknowledges, as
it did in its May 24,
1990
opinion and order,
that
it granted only a portion of the relief
requested by Citizens.
The Board notes,
however,
that the
Appellate Court’s mandate
is not
as obvious and clear—cut
as
Citizens suggests.
In
fact,
the Board noted in
its May
24,
1990
opinion that the Appellate Court’s order was unclear with regard
to the scope of
relief that the Board was to grant.
Accordingly,
the Board crafted
its own order pursuant
to
a literal reading of
the Appellate Court’s order.
There
is nothing
in Citizens’
Motion for Reconsideration
that pursuades the Board that
its
interpretation
of the Appellate Court’s mandate
is incorrect.
Accordingly,
Citizens Motion
for Reconsideration
is denied.
IT
IS
SO ORDERED.
Board Member
R. Flemal abstained.
114—01
—2—
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby certify that
the above Order was adopted on
the
~
day of
~
,
1990,
by a vote of
~
~
~/.))~
I-
-
Dorothy
M. G~nn,Clerk
Illinois Pol1lution Control Board
I
!~--r~