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

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