ILLINOIS POLLUTION CONTROL BOARD
April
11,
1991
IN THE MATTER OF:
)
ELIZABETH STREET FOUNDRY,
INC.
)
AS 89-2
an Illinois Corporation,
)
(Adjusted Standard)
ORDER OF THE BOARD
(by J.
D. Dumelle):
On February 27,
1991,
the Board received a Motion for
Rehearing and Other Relief,
filed by the Petitioner, pursuant to
the Board’s procedural rules at 35
Ill. Adm. Code 103.240.
In
addition to rehearing,
the Petitioner
further moved to amend the
pleadings to conform with the proof pursuant to
35
Iii. Adm. Code
103.210 and
to supplement the record.
On April
1,
1991,
the Board received a response from the
Illinois Environmental Protection Agency (Agency).
The Agency
asks that the Board deny the motion by Petitioner and requests
that
if the Board does not deny the motion that the Board direct
Petitioner
to provide expert witnesses for cross—examination by
the Agency at rehearing.
The Agency stated in its response
that:
“the petition and record of this proceeding are so
deficient that this matter will be more quickly resolved
if the
Petitioner simply starts anew.”
(Ag. Res. p.
3).
The Board notes that the Petitioner has filed a motion under
the Board’s procedural
rules governing enforcement actions,
not
adjusted standard proceedings.
Thus,
the Petitioner has
riot
filed the proper motions for
a proceeding where an adjusted
standard
is being sought.
The Petitioner more properly should
have filed
a motion for reconsideration of the Board’s January
14, 1991 Opinion and Order pursuant
to
35
Ill. Adm. Code
101.300.
However,
the time
in which
to file such a motion
is
passed.
Therefore,
the proper
procedural path for the Petitioner
is to file a new petition for an adjusted standard.
The Petitioner’s Motion for Rehearing and Other Relief,
is
denied.
IT
IS SO ORDERED.
I, Dorothy M.
Gurin, Clerk of the Illinois Pollution Control
Board, hereby certify that~hea,bove Order was adopted on
the
//~Z~
day of
___________________
,
1991, by a vote
of
7—~
.
12 1—93