ILLINOIS POLLUTION CONTROL BOARD
    January 24,
    1991
    ~ENTRALIA
    ENVIRONMENTAL
    SERVICES,
    INC.,
    )
    Petitioner,
    )
    v.
    )
    PCB 89—170
    )
    (Permit Appeal)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by N. Nardulli):
    This
    matter
    comes
    before
    the
    Board
    on
    the
    Illinois
    Environmental
    Protection
    Agency’s
    (Agency)
    motion
    for
    reconsideration and modification filed November 29, 1990.
    By this
    motion, the Agency seeks reconsideration and modification of the
    Board’s
    October
    25,
    1990
    opinion
    and order upholding the Agency’s
    denial
    of
    Centralia Environmental
    Services,
    Inc.’s
    (Centralia)
    applications
    for
    a
    supplemental
    development
    permit
    and
    a
    supplemental operating permit for its landfill
    in Marion County.
    Initially,
    the Board must address Centralia’s
    second motion
    for an extension of time to file its reply to the Agency’s motion
    on January
    7,
    1991.
    The Agency
    did not
    file
    an objection
    to
    Centralia’s request for an extension.
    Centralia’s motion for an
    extension of time
    is granted.
    The Board notes
    that Centralia’s
    response was timely filed on January 7, 1991 in accordance with its
    motion.’
    In ruling on
    a motion
    for reconsideration,
    the Board will
    consider
    factors
    including,
    but
    not
    limited
    to,
    error
    in
    the
    decision and facts in the record which were overlooked.
    (35 Ill.
    Adm.
    Code
    101.246(d).)
    The
    Agency
    states
    that
    the
    Board
    incorrectly stated in its October 25, 1990 opinion that no members
    of the public attended the hearings held in December of 1989.
    The
    Agency
    is correct.
    The record establishes that numerous members
    of the public attended the hearings and that some of these members
    of the public testified at the hearing.
    The Board did consider
    this participation, where relevant,
    in reaching its decision and
    regrets
    the
    error
    contained
    in
    the
    opinion.
    The
    motion
    for
    1
    Given
    that
    the
    Board
    has
    granted
    Centralia’s
    second
    motion for an extension of time and that Centralia filed
    its
    response on January
    7,
    1991
    as
    requested
    in
    its
    motion, Centralia’s motion to file its response instanter
    is
    moot.
    118—147
    2
    reconsideration
    is
    therefore granted
    and the
    October
    25,
    1990
    opinion is hereby modified to reflect the public’s attendance and
    participation in the lengthy hearings held in this matter.
    In all other respects, the Agency’s motion for reconsideration
    is denied as failing to raise matters not previously considered by
    the Board in its October 25,
    1990 opinion.
    IT IS SO ORDERED.
    J.
    D. Dumelle concurs.
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control,
    hereby ce tify that the above Order was adopted on the
    ~‘~Z
    day of
    _______________
    ,
    1991,
    by a vote of
    7—ô
    ~
    /~~‘
    Dorothy M./Gunn,
    Clerk
    Illinois Pollution Control Board
    118—148

    Back to top