ILLINOIS POLLUTION CONTROL BOARD
    September
    8,
    1983
    WILLOWBROOK
    MOTEL
    PARTNERSHIP,
    Complainant,
    V.
    )
    ~
    81—149
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY, COUNTY OF DU PAGE, et al.
    Respondent.
    ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    This matter comes before the Board upon an August
    2,
    1983
    motion for reconsideration and oral argument.
    The Illinois
    Environmental Protection Agency (Agency)
    responded to the motion
    on August 15
    1983.
    Willowbrook filed a brief with supporting
    documents on August 17,
    1983 and the Agency again responded on
    September
    2,
    1983.
    Except for Exhibit F (attached to the motion),
    the motion fails to include any newly discovered evidence which
    by due diligence could not have been discovered prior to the
    Board’s final decision,
    and does not allege fraud or that the
    Order
    is void
    (see
    35 Ill.
    Adm.
    Code 103.241).
    Exhibit
    F,
    a
    letter from the DuPage County Department of Public Works,
    indicates that improvements to the Marionbrook Treatment Plant
    (MTP) resulted in an improvement
    of effluent quality for the
    month of July,
    1983.
    That,
    in
    turn,
    could result
    in a lesseninq
    of the adverse environmental
    impact which would be caused by
    granting
    of variance.
    Therefore, the Board will grant reconsid-
    eration to consider that single issue,
    but affirms its prior
    Opinion and Order.
    Despite the apparent improvement in the MTP’s performance,
    there
    is no indiciation that restricted status has been lifted.
    The thrust of the Board’s July 14,
    1983 Order is that no hardship,
    other than that which was self—imposed, was proven.
    If there
    is
    no hardship shown, consideration of the environ—mental impact is
    unnecessary since no arbitrary or unreasonable hardship could he
    shown, except, perhaps if the granting of variance would result
    in
    an environmental improvement,
    which has not been alleged here.
    Since the Board cannot find arbitrary or unreasonable hardship,
    variance must be denied.
    Finally allowance of oral argument
    is discretionary, and the
    Board will not grant
    it absent a compelling reason.
    No such
    reason has been given here.
    That motion
    is hereby denied.
    IT
    IS
    SO
    ORDERED.
    Board Member W.
    Nega abstained.
    54-09
    2
    I, Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control Bq~a~d~
    hereby certify that the, above Order was adopted on
    the
    V
    day
    of
    ~
    ~Tt~
    -~C~
    .~
    ,
    1983
    by
    a
    voteo~
    ~—O
    —
    .
    ~
    //~~
    ‘~—(
    ~
    Ii
    ~
    ChrisLan
    L.
    Moffe~’,~iClerk
    Illinois Pollution ‘Cbntrol Board
    54-10

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