ILLINOIS POLLUTION CONTROL BOARD
    July 21, 1994
    CONCERNED CITIZENS FOR A
    )
    BETTER ENVIRONMENT,
    )
    )
    Petitioner,
    PCB 94—44
    v.
    )
    (Landfill Siting Appeal)
    CITY OF
    HAVANA
    and
    SOUTHWEST
    )
    ENERGY
    CORPORATION,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by G. T. Girard):
    On June 6, 1994, the Board received a motion filed by the
    City of Havana (Havana) and Southwest Energy Corporation
    (Southwest) for reconsideration and clarification of the Board’s
    May 19, 1994 opinion and order in this case. On June 21, 1994
    the Board received a response filed by Concerned Citizens for a
    Better Environment (CCBE). For the reasons set forth below the
    Board denies the motion.
    In ruling upon a motion for reconsideration the Board is to
    consider, but is not limited to, error in the previous decision
    and facts in the record which may have been overlooked. (35 Ill.
    Adm. Code 101.246(d).) In Citizens Against RecTional Landfill v.
    The County Board of Whiteside County (March 11, 1993), PCB 93-
    156, we stated that “f:t)he 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. (Korociluvan v. Chicacio Title &
    Trust Co. (1st Dist. 1992), 213 Ill. App.3d 622, 572 N.E.2d
    1154.)
    Havana and Southwest allege that the Board erred in
    reversing this matter rather than remanding the case to Havana.
    Havana arid Southwest assert that any “prejudice stemming from the
    earlier proceedings will be adequately addressed by noticing and
    holding a remanded hearing, providing for a new post—hearing
    comment period, and allowing interested parties an opportunity to
    review the evidence presented to the City Council members in the
    earlier proceeding.
    .
    .“.
    (Mot. at 5—6.)
    The Board hereby denies the motion for reconsideration and
    affirms its decision to reverse the Havana decision granting
    siting approval. It is established law that local siting
    decisions are quasi-judicial actions subject to adjudicative due
    process. (E & E Hauling Inc1. v. Illinois Pollution Control
    Board, 116 I11.App.3d 586, 451 N.E. 2d 555(2nd Dist. 1983), aff’d
    in part 107 I1l.2d 33, 481 N.E. 2d 664 (1985).) Havana’s action
    2
    was so patently not quasi-judicial that the limited first aid
    available under remand is incapable of rehabilitating the record
    to the point where the record can support a proper decision.
    Havana and Southwest also request that the Board clarify
    whether current members of the Havana City Council may
    participate in a decision if this matter were brought before the
    City Council again. The Board denies the motion to clarify.
    However, the Board does note that the rule of necessity which
    allows an otherwise disqualified adjudicator to hear a case if
    the case could not be heard otherwise may be applicable in this
    circumstance. (United States v. Will, 449 U.S. 200, 211-
    16(1980).)
    IT IS SO ORDERED.
    Chairman Claire A. Manning abstains.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certif that the above order was adopted on the
    day of
    ~
    ,
    1994, by a vote of
    ________
    Dorothy M.,4unn, Clerk
    Illinois r~11utionControl Boardl

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