ILLINOIS POLLUTION CONTROL BOARD
March 25,
1993
IN THE MATTER OF:
)
AS 91—3
PETITION OF PEORIA DISPOSAL CO.
)
(RCRA Delisting)
FOR AN ADJUSTED STANDARD FROM
)
(Adjusted Standard)
35 Ill. Adm. Code 721.Subpart D)
ORDER OF THE BOARD
(by 3. Anderson):
This matter is before the Board on the March 15,
1993 motion
for reconsideration filed by third-party Envirite Corporation
(Envirite).
The motion restates the arguments made in the course
of this proceeding against the grant of the adjusted standard as
the basis for reconsideration.
Peoria Disposal Company and the
Agency jointly responded on March 22,
1993, arguing against
reconsideration in that the motion presents nothing new, that the
motion cites no error in the Board’s decision or facts overlooked
by the Board,
and that Envirite lacks standing to file for
reconsideration.
Envirite filed a March 22,
1993 motion for leave to file a
supplement to its motion for reconsideration by March 25,
1993.
The Board adopted an order by expedited consideration on February
4,
1993 without simultaneously adopting the customary
accompanying opinion.
That opinion followed two Board meetings
later,
on March 11,
1993.
The March 15,
1993 Envirite motion was
based only on the record and the February
4 order.
In support of
its motion to supplement,
Envirite states that it did not receive
a copy of the Board’s March 11 opinion until March 15.
The Board is denying both of Envirite’s motions.
By an
order dated September 11,
1991,
the hearing officer denied
Envirite’s August 19, 1991 motion to intervene,
citing the lack
of a procedural rule that expressly allows intervention in
adjusted standard proceedings and the lack of any “right or
interest of
Envirite) directly involved in this proceeding that
the ultimate outcome could prejudice”.
Therefore, Envirite lacks
standing to seek reconsideration.
Since Envirite lacks standing
to seek reconsideration, the Board needs not further consider the
motion for leave to supplement.
ORDER
The Board hereby denies the motion for reconsideration and
the motion for leave to file a supplement for the reasons set
forth.
IT IS SO ORDERED.
01 L~0-029
I
2
I, Dorothy N.
Gunn, Clerk of the Illinois Pollution Control
Board,
do hereby certify that the above order was adopted on the
___________
day of
77~—~i~’
,
1993, by a vote of
________
Ii
Control Board
O1~O
-0292