ILLINOIS POLLUTION CONTROL BOARD
    March 7,
    1996
    WEST SUBURBAN RECYCLING
    )
    AND ENERGY CENTER, L.P.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB
    96-155,
    96-156
    )
    (Permit Appeal
    -
    Land & Air)
    ILLINOIS ENVIRONMENTAL
    )
    Consolidated
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD
    (by R.C.
    Flemal):
    On February 23,
    1996 West Suburban Recycling and Energy Center, L.P.
    (WSREC)
    filed a “Request for Modification of the Board’s 2/15/96 Order Granting
    the Agency’s Second
    Motion
    for Extension of Time to File the Administrative Record”.
    The Illinois Environmental
    Protection Agency
    (Agency)
    filed an
    “Objection
    to WSREC’s Request for Modification of the
    Board’s
    2/15/96
    Order Granting the Agency’s Second
    Motion
    for Extension of Time to File
    the Administrative Record”
    on March 5,
    1996.
    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.
    (35
    Ill.
    Adm.
    Code
    101.246(d).)
    In Citizens Against Regional Landfill
    V.
    County ofBoard of Whiteside
    (March
    11,
    1993), PCB 93-156,
    we observed 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 hearing,
    changes in the law or errors in the co
    rt’s previous application
    of the existing
    law.
    (Korogluyan v. Chicago Title
    & Trust Co.
    (1st Dist.
    1992), 213
    lll.App.3d 622,
    572 N.E.2d
    1154,
    1158.)”
    Because the Board ruled upon the Agency’s February 14th
    motion for
    extension of time
    to file the record without WSREC’s reply, the Board will
    now consider
    WSREC’s motion.
    WSREC requests that the Board modify its February
    15th order which granted the Agency
    until May 16,
    1996 to
    file the administrative
    record in PCB 96-155 and
    96-156.
    WSREC
    objects to granting the Agency the extension because of the Agency’s poor past performance in
    filing a complete record
    on
    time.
    WSREC especially noted the lateness of the Agency record
    in PCB 95-1 19 and 95-125,
    two other permit appeals currently pending before the Board.
    WSREC requests that the Board require the Agency’s record
    to be filed with the Board by
    April
    12,
    1996,
    and that the record be complete so as to allow discovery on the record prior to
    hearing.
    2
    The Board has granted the Agency leave to file the record on or before May
    16,
    1996;
    the decision date in
    this matter is August
    10,
    1996.
    Thus,
    there exists three months between
    the filing of the record
    and the due date.
    The Board fully expects that the Agency
    will file a
    complete record by
    May
    16.
    WSREC provides the Board with no new evidence, changes in the law or any other
    reasons that persuade the Board that its February
    15
    decision was incorrect.
    The Board
    therefore denies
    WSREC’s motion to modify the Board’s February 15,
    1996 order.
    IT IS SO ORDERED.
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control Board,
    hereby certify that
    the above order was adopted on
    the
    7~
    day of
    /77
    ~
    ,
    1996,
    by a vote of
    7-a.
    /j~1~’
    Dorothy M. Gu)3~,Clerk
    Illinois Polluq9i~
    Control Board

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