ILLINOIS POLLUTION CONTROL BOARD
    January 23,
    1992
    WALTER J. MAQUET and MARLENE
    )
    J. MAQUET, d/b/a MAQUET’S 66,
    )
    Petitioners,
    )
    PCB 90—136
    v.
    )
    (Underground Storage
    )
    Tank Fund)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    This matter is before the Board on a motion for
    reconsideration filed January 9,
    1992 by the Illinois
    Environmental Protection Agency (“Agency”) and a response filed
    January 17,
    1992 by Petitioners Walter
    J. Maquet and Marlene J.
    Maquet,
    doing business as Maquet’s 66
    (hereinafter “the
    Maquets”).
    The motion for reconsideration is granted.
    The Agency’s motion relies primarily on the arguments
    presented prior to the Board decision.
    Those arguments rely on
    inference and innuendo premised on circumstantial evidence.
    Conversely,
    the Maquet’s case relied on positive direct testimony
    under bath regarding who knew what facts, and when they acquired
    such knowledge.
    The Board found such testimony persuasive at the
    time of the December
    6,
    1991, Opinion and Order, and finds no
    reason to change that decision today.
    The Naquets assert that the Agency has raised
    a new issue in
    the motion for reconsideration.
    This asserted new issue
    is
    stated at page 11 of the Agency memorandum,
    “Since the Board has
    accepted that the registered tank system at the site did not
    leak,
    then the Petitioner
    is not eligible to access the UST fund
    at all.”
    The Board does not construe this as an attempt to raise
    a new issue regarding rejection of funding, but rather as
    argument in the form of reductio ad absurdum.
    The argument fails
    because the Board has never accepted that the tanks did not leak,
    only that the Naquets did not have actual or constructive
    knowledge of any leakage.
    For the foregoing reasons the Board’s prior decision is
    affirmed.
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1987,
    ch.
    111½, 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.
    IT IS SO ORDERED.
    129—259
    2
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board4 hereby certify that the above Order was adopted on the
    ~~t4A
    day of
    (\—~~--.--~-.--~..
    ,
    1992, by a vote of 3~O
    Dorothy M./Gunn, Clerrk
    Illinois P~llutionControl Board
    129—260

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