ILLINOIS POLLUTION CONTROL I3OARD
December 20, 1995
IN THE MATTER OF:
)
)
PETITION OF ILLINOIS DEPARTMENT
)
OF TRANSPORTATION, DISTRICT 8
)
FOR AN ADJUSTED STANDARD FROM
)
AS 95-8
35 Ill. Adm. Code 304.124
)
(Adjusted Standard)
ORDER OF THE
BOARD
(by G.
T. Girard);
On November 15,
1995, petitioner filed a motion to
reconsider the Board’s October 19,
1995, opinion and order.
Petitioner also filed an amended petition on November 15,
1995,
and on November 29,
1995, petitioner filed proof of publication.
The Agency has not filed a response.
In ruling upon a motion for reconsideration the Board
is to
consider, but is not limited to, error in the previous decision
and racts in the record which may have been overlooked.
(35 Ill.
Adm. Code 101.246(d).)
In Citizens Against Regional Landfill v.
The County Board of Whiteside County
(March 11,
1993), PCB 93-
156, we 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.
(Koropluvan v. Chicago Title &
Trust Co.
(1st Dist.
1992), 213
Ill. App.3d 622,
572 N.E.2d
1154.)
Petitioner
is asking the Board to reconsider its previous
order and issue a new order which would include an adjusted
standard £or total suspended solids
(TSS).
Heretofore,
petitioner had not requested such relief in this proceeding.
A
motion to reconsider
is not the proper means for petitioner to
request for the first time that the Board consider such relief.
Accordingly, the motion for reconsideration is denied.
The Board will however accept the amended petition as a new
petition for adjusted standard, waiving the filing fee.
The
amended petition will be docketed as
a new adjusted standard
request in AS 96—5.
The Board will hold the petition until the
Agency files a recommendation which is due no later than January
10,
1996.