ILLINOIS POLLUTION CONTROL BOARD
    October
    5,
    1995
    JACK PEASE,
    d/b/a
    )
    GLACIER LAKE EXTRACTION,
    )
    Petitioner,
    )
    v.
    )
    PCB 95—118
    )
    (Permit Appeal-Mining)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.A. Manning):
    This matter is before the Board on two motions for
    reconsideration and/or clarification of the Board’s opinion
    and order that was issued on July 21,
    1995.
    In that order we
    found that the Agency’s denial of
    a permit to Glacier Lake
    Extraction
    (GLE) was inappropriate, and we accordingly ordered
    that the Agency issue the permit in question.
    The first motion,
    filed on July 22 by GLE, originally
    requested that our order be amended to require that the Agency
    backdate the permit to the date the permit was denied so that
    GLE would be protected against
    a pending enforcement charging
    that it was operating without a permit.
    Later filings reflect
    that GLE is no longer concerned with the retroactive permit
    date issue and,
    it appears, GLE believes that the Board’s
    order is “moot”.’
    This latter conclusion arises from the fact
    that, pursuant to a renewal permit application that was filed
    independent of the permit in dispute, ~ permit
    wa~
    issued to
    GLE on July 31 which apparently allows GLE to operate in the
    same manner as would the permit in dispute, and resolves all
    issues.
    The Agency’s motion for reconsideration, filed on August
    24, alleges a litany of caselaw which it would have applied
    differently than the Board and accordingly requests that the
    Board reconsider and reverse our final decision based on
    alleged errors in our application of the law.
    Alternatively,
    the Agency asks that we vacate our order since a permit was in
    fact issued to GLE on July 31.
    1Apparently the Board’s determination on July 21,
    1995 that GLE had a
    right to a permit,
    (and the effective date of the permit),
    had a bearing on
    the outcome of three related criminal cases pending before the circuit court
    in McHenry County regarding
    3LE~S
    operating its mine without a proper permit.
    As of GLE’s most recent filing on September 20,
    1995,
    the circuit court had
    dismissed these actions concluding that even though a partnership between Jack
    Pease and James Tonyan dissolved, GLE still had an effective permit until
    August of 1995.
    based upon the standards for granting motions for
    reconsideration found at 35 Ill. Adm. Code Sections 101.246
    and 101.300, we deny both motions for reconsideration.
    There
    is no new evidence which was not available at the time of the
    Board’s consideration of this matter, and no changes in the
    law or errors in our application thereof which would change
    the outcome of our opinion and order in this matter.
    The
    Board’s order to issue the permit, which resulted based upon
    the Board’s best judgement of all of the facts and law before
    it
    at the time,
    was correctly entered.
    Accordingly,
    the Board
    denies both motions for reconsideration.
    However, since both
    parties indicate that the permit issued on July 31,
    independent of this proceeding,
    is satisfactory and that this
    matter
    is resolved,
    the Board hereby
    grants
    the
    Agency’s
    motion to vacate that portion of our order of July 21,
    1995,
    directing the Agency to issue a permit in accordance with the
    opinion of the same date.
    IT IS SO ORDERED.
    Section
    41. of the Environmental Protection Act
    (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    days of the date of service of this order.
    (See
    also
    35 Ill.
    Adm. Code 101.246, Motion for Reconsideration.)
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution
    Control Board
    hereby certify thai the above order was adopted
    on the ___________day of
    __________________,
    1995,
    by a
    vote of
    ________________
    2LLI
    Dorothy )~7Gunn,~Clerk
    Illinoi~J~ol1utionControl Board

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