ILLINOIS POLLUTION CONTROL BOARD
    July 24, 1997
    COUNTY OF WILL,
    Complainant,
    v.
    ERNEST ANGELINA,
    Respondent.
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    AC 97-53
    (WC 97 AC 8)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On June 2, 1997, the Board received a petition for review filed by respondent, Ernest
    Angelina. However, prior to receiving the petition for review, the Board had issued a default
    order in the administrative citation on May 15, 1997. On June 12, 1997, the Board received a
    filing which we will consider as a motion to reconsider our default order of May 15, 1997.
    The complainant, County of Will, has not responded to the filings.
    The Board notes that the petition for review was filed after the Board entered the
    default order on May 15, 1997. Section 31.1(d) of the Environmental Protection Act (415
    ILCS 5/31.1(d) (1996)) specifically provides that if the person named in an administrative
    citation fails to petition the Board for review within 35 days from the date of service the Board
    shall issue an order finding violation and assessing a penalty. Therefore, the Board will not
    consider the petition for review because it was not timely filed.
    In ruling on a motion for reconsideration the Board is to consider factors including, but
    not limited to, error in the previous decision and facts in the record which are overlooked. 35
    Ill. Adm. Code 101.246(d). In Citizens Against Regional Landfill v. The County Board of
    Whiteside (March 11, 1993), PCB 93-156, the Board 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.” Korogluyan v Chicago Title & Trust Co., 213 Ill.
    App.3d 622, 572 N.E.2d 1154 (1st Dist. 1992). The motion to reconsider does not contain
    any information which points to an error in the decision or to facts in the record which were
    overlooked by the Board. Therefore, the motion to reconsider is denied.
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    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 145 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 24th day of July 1997, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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