ILLINOIS POLLUTION CONTROL
    BOARD
    April 23,
    1992
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    AC 89—215(A)
    )
    (IEPA No. 9926—Ac)
    OMER THOMAS,
    )
    (Administrative Citation)
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    This matter comes before the Board on a February 27,
    1992,
    motion for reconsideration filed by the respondent,
    Omer Thomas.
    The Illinois Environmental Protection Agency (Agency)
    filed a
    motion for leave to file instanter and response in opposition to
    reconsideration on March 23,
    1992.
    The Agency’s motion to file
    instanter is granted.
    The respondent filed a reply to the Agency’s response on
    March 26,
    1992.
    Pursuant to 35
    Ill.
    Adin. Code 101.241(c),
    the
    party who files a motion does not have the right to file a reply
    unless allowed by the Board to prevent material prejudice.
    The
    Board does not find that material prejudice will result and will
    not consider the respondent’s reply.
    Respondent’s motion for reconsideration raises issues which
    the Board has already considered in its decision of January 23,
    1992.
    The Board finds that respondent has raised nothing new
    that would persuade it to reconsider its prior
    decision.
    Therefore, the Board denies the motion to reconsider and
    reaffirms its opinion and order of January 23,
    1992.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act
    (Ill. Rev.
    Stat. 1991 ch. 111 1/2,
    par.
    1041)
    provides for appeal of final
    orders of the Board within 35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board
    hereby certify that the above order was adopted on the
    __________
    day of
    ________________,
    1992, by a vote of
    70.
    /~
    ~
    ~•
    /~~:r~i
    Dorothy M.
    G,J4tln, Clerk
    Illinois PoLlution Control Board
    133—175

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