ILLINOIS POLLUTION CONTROL BOARD
July 21,
1994
RODNEY B. NELSON,
III,
M.D.,
)
Petitioners,
V.
)
PCB 94—51
(Land Siting Review)
KANE
COUNTY,
KANE
COUNTY
)
BOARD,
and
WASTE
MANAGEMENT
)
OF
ILLINOIS,
INC.,
Respondents.
ORDER OF THE BOARD
(by C.
A. Manning):
This matter is before the Board on a motion to reconsider
filed by Rodney B.
Nelson,
III,
M.D. on April
25,
1994.
Dr.
Nelson also filed first and second addenda on April 29,
1994 and
May
11,
1994.
Respondent Waste Management,
mc,
(WMII)
filed a
response on May 2,
1994,
and the City of Geneva filed a response
to the Addenda indicating the City’s agreement with the Board
ruling on Dr. Nelson’s motion simultaneously with its final
decision in PCB 94-58.
The motion asks the Board to reconsider
its April 21,
1994 decision upholding the Kane County Board’s
grant of siting approval to
WIMII for an expansion to Settler’s
Hill Landfill.
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 of
Board of Whiteside
(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 hearing,
changes in the law or
errors in the court’s previous application of the existing law.
(Korociluvan
V.
Chicago Title
& Trust Co.
(1st Dist.
1992),
213
Ill.App.3d 622,
572 N.E.2d
1154,
1158.)”
The motion for reconsideration does not present the Board
with new evidence, a change in the law,
or any other reason to
conclude that the Board’s April 21,
1994 decision was in error.
Accordingly, the motion for reconsideration is hereby denied.
IT IS SO ORDERED.
2
I, Dorothy M. Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certify_~thatthe above order was adopted on the
~
day of
________________
1994,
by a vote
of,~
~
,1
/7/
/1
/
Li’
~
~
~
Dorothy M. ~hn,
Clerk
Illinois Po9ution Control Board