TT,T1TNOT~PC)I.TJTJTION (!ONPROL
    B(~)ARfl
    July 20, 1995
    MEDICAL DISPOSAL SERVICES,
    )
    INC.,
    Petitioner,
    v.
    )
    PCB 95-75
    PCB 95—76
    ILLINOIS ~NVTRONMENTAL
    )
    (Permit Appeals
    -
    Air,
    Land)
    PROTECTION AGENCY,
    )
    (Consolidated)
    Respondent.
    ORDER OF THE
    BOARD
    (by N. McFawn):
    This matter is before the Board on a motion for
    reconsideration filed by petitioner Medical Disposal Services,
    Inc.
    (MDS)
    on June 7,
    1995,
    seeking reconsideration of the
    ~o~ri’s
    M~y4,
    1995 opinion and order in this case.
    That order
    granted summary judgment in favor of respondent, the Illinois
    Environmental Protection Agency (Agency).
    The Agency filed a
    response to the motion for reconsideration on June 19,
    1995.
    Industrial Fuels and Resources/Illinois
    Inc.
    (Industrial Fuels)
    filed a petition for intervention and memorandum of law in
    support of MDS’s motion for reconsideration on June
    8,
    1995, and
    a motion to strike portions of the Agency’s response on June 29,
    1995.
    Industrial Fuels also asks that its memorandum of law be
    accepted as an
    arnicus curiae
    brief if intervention is not
    allowed.
    On June 30,
    1995, the Agency filed a response to
    Industrial Fuels’ motion to strike.
    On June 9,
    1995 the Illinois
    Chapter of the National Solid Wastes Management Association
    (NSWNA)
    also filed an
    amicus curiae
    brief.
    As an initial matter, we deny Industrial Fuels’ petition for
    intervention since
    it
    is not timely.
    The Board will not allow
    intervention into this proceeding
    after
    it has issued a final
    order.
    (See Aden v.
    City of Freeport,
    (September 8 1988) PCB 86-
    193,
    92 PCB 07,
    disallowing intervention after hearing.)
    Industrial Fuels’ June 29, 1995 motion and the Agency’s June 30,
    1995 response thereto are therefore moot.
    However, we will
    accept Industrial Fuels’ memorandum of law as an
    amicus
    brief,
    and will also accept the
    arnicus
    brief filed by NSWMA.
    In ruling on 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.
    (3b Ill.
    Adni.
    Code
    101.246(d).)
    In Citizens Against Regional Landfill v. County of
    Board of Whiteside (March
    11,
    1993), PCB
    93-156,
    we stated that
    “ftjho
    intended purpoce of
    a motion
    for rcconcidcration
    ic
    to
    bring to the court’s attention newly discovered evidence which
    was not available at the time of hearing, changes in the law or
    errors in the court’s previous application of the existing law.
    4
    (Korogluvan v. Chicago Title & Trust Co.
    (1st Dist.
    1992), 213
    Il1.App.3d 622,
    572 N.E.2d 1154,
    1158.)”
    We find that petitioner and
    amici curiae
    present the Board
    with no new evidence, change in the law, or any other reason to
    conclude that the Board’s Nay 4,
    1995 decision was in error.
    We
    therefore affirm our holding granting summary judgment in favor
    of the Illinois Environmental Protection Agency.
    IT IS SO ORDERED.
    Board members J. Theodore Meyer and Emmett Dunham dissented.
    Section 41 of the Environmental Protection Act
    (415 ILCS 5/41
    (1992)) provides for the appeal of final Board orders within 35
    days of the date of service of this order.
    The Rules of the
    Supreme Court of Illinois establish filing requirements.
    I, Dorothy N. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board, hereby certifflhat the above order was adopted on jhe~
    a0t72
    day of
    ________________
    1995,
    by
    a vote of
    ‘tc~S’
    I
    Dorothy N. 4jinn, Clerk
    Illinois P6jlution Control Board

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