ILLINOIS POLLUTION CONTROL BOARD
    April 22, 1993
    GENERAL CHEMICAL CORPORATION,
    )
    (Chemical Manufacturing Plant),
    Petitioner,
    v.
    )
    PCB 92—217
    (Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    This matter comes before the Board on a motion for
    reconsideration filed by General Chemical Corporation (GCC) on
    Apri:I 16, 1993. The motion seeks reconsideration of the Board’s
    April 8, 1993 order which granted GCC a variance subject to
    certain conditions.
    The variance petition was filed on December 31, 1992. No
    hearing was held on this matter. The Environmental Protection
    Agency (Agency) filed its recommendation with the Board on March
    18, 1993. The Agency recommended that the variance be granted
    subject to certain conditions. The Board, on April 8, 1993,
    granted the variance subject to the conditions recommended by the
    Agency. On April 9, 1993, GCC filed its answer to the Agency’s
    recommendation.
    A response to an Agency recommendation is to be filed within
    7 days after receipt of the recommendation. (35 Ill. Adm. Code
    104.182.) GCC’s response was filed 22 days after the
    recommendation. GCC did not request an extension of time in
    which to file a response or indicate to the Board why the
    response was not filed within the required time period. The
    Board finds that GCC’s response was not timely filed. The Board
    further notes that GCC’s response was filed after the Board had
    granted the variance.
    In its motion for reconsideration, GCC references its
    response to the recommendation. GCC represents that the Agency
    has advised it that the Agency does not object to GCC’s response
    or to changes in the dates in the completion of the construction
    schedule. The Agency has not filed a response to the motion for
    reconsideration. However, the Board notes that the time for the
    Agency to file its response has not yet lapsed because 35 Ill.
    Adin.
    Code 101.246 allows for the filing of a response within 14
    days of the filing of the motion for reconsideration.
    The motion for reconsideration requests the Board to
    reconsider its prior order and to reopen this proceeding to allow
    01
    L~
    1-0237
    2
    the adoption of the new construction schedule and provide an
    opportunity for the Agency to comment on GCC’s response to the
    recommendation.
    GCC’s motion provides only a general reference to the April
    9, Answer (that filing is nearly 2 inches thick) and alludes,
    without specificity, to certain minor changes in the construction
    schedule. The motion provides 112 reason for adoption of the
    changes. GCC attempts to place the burden on the Board of
    searching this voluminous filing to determine where it differs
    from the Board’s order and to determine what factual matters
    support GCC’s alternate construction schedule. The Board will
    not search the record to support GCC’s contentions. (Concerned
    Citizens of Williamson County v. Bill Kibler Development (April
    8, 1993), PCB 92—204.)
    The Board denies the motion for reconsideration. The motion
    for reconsideration does not clearly state what changes GCC is
    requesting to be made in the Board’s final order. In addition
    the motion does not provide any reasons why the changes are
    necessary. The Board’s procedural rules do not specifically
    allow the Agency to comment on a response to the Agency
    recommendation and GCC provides no basis why a response from the
    Agency would be needed. While the motion references GCC’s
    response to the recommendation to explain the changes in the
    construction phase, the response was not timely filed with the
    Board. Further, even if the Board were to consider the response
    the motion does not refer the Board to specific pages of the
    response.
    GCC is free to file a new motion for reconsideration clearly
    specifying the areas of the final order it wishes the Board to
    reconsider and fully explaining the reasons supporting
    reconsideration. The Board notes that 35 Ill. Adm. Code 101.246
    allows for the filing of a motion for reconsideration within 35
    days of the Board’s adoption of a final order. The final order
    in this matter was adopted on April 8, 1993. Therefore, if GCC
    intends to file a new motion for reconsideration, it must file
    the motion with the Board before May 13, 1993.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, here~ certify that t e abçve order was adopted on the
    ~
    day of
    ,
    1993, by a vote of
    01141-0238
    j~O~L~

    Back to top