ILLINOIS POLLUTION CONTROL
    BOARD
    December
    6,
    1991
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 90—112
    (Enforcement)
    CHICAGO HEIGHTS REFUSE DEPOT,
    Inc.,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by R. C.
    Flemal):
    This matter comes before the Board on a motion for
    reconsideration filed on November 8,
    1991,
    and memorandum in
    support of motion for reconsideration filed on November 14,
    l’991,
    by the Chicago Heights Refuse Depot,
    Inc.,
    (“Refuse Depot”).
    The
    People of the State of Illinois (“State”)
    filed its motion and
    memorandum in response to the motion to reconsider on November
    21,
    1991.
    On December 2,
    1991,
    the Refuse Depot filed an emergency
    motion for leave to file emergency supplemental statement in
    support of motion for reconsideration,
    and the emergency
    supplemental statement.
    On December 4,
    1991,
    State filed a reply
    in opposition to the motion for leave to file an emergency
    supplemental statement.
    The Board first addresses the Refuse Depot’s motion for
    leave to file the emergency supplemental statement.
    The Board’s
    procedural rules allow for the filing of motions for
    reconsideration within 35 days after the adoption of a final
    order
    (35 Ill.
    Adm. Code 101.246).
    The Refuse Depot’s November
    8
    and
    14 filings clearly fall within the time frame of the rule.
    The Refuse Depot now seeks to supplement its motion for
    reconsideration.
    The procedural rules also allow for replies to
    responses to motions if permitted by the Board to prevent
    material prejudice
    (35 Ill.
    Adm. Code 101.241(c)).
    The emergency
    supplement was not characterized as
    a reply.
    Even if the
    supplement could be construed as a reply,
    it states no grounds
    upon which a finding of material prejudice could be based.
    The
    supplement solely contains reargument by the Refuse Depot’s
    substitute counsel.
    The motion for leave to file the emergency
    supplement is accordingly denied.
    Upon review of the Refuse Depot’s motion for reconsideration
    and memorandum (the November
    8 and 14 filings), the Board finds
    128—25
    2
    that the Refuse Depot raises nothing new that would persuade it to
    reconsider its prior holdings as reflected in the October 10, 1991
    Opinion
    and
    Order.
    Accordingly,
    the Refuse
    Depot’s motion
    to
    reconsider is denied.
    IT IS SO ORDERED.
    Board Neither J.D. Dumelle dissented.
    I,
    Dorothy, M. Gunn,
    Clerk of the Illinois Pollution Control
    Bo~rd,hereby certify,that the above Order was adopted on the
    ~7
    day,
    of
    1
    ,
    1991, by a vote of
    _____.
    Control Board
    128—26

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