ILLINOIS POLLUTION CONTROL BOARD
    November
    3,
    1988
    BILL ADEN, JOHN SCHRODER,
    )
    VELMA SCHRODER, JOE KENDALL,
    LAMORN MORRIS,
    et.
    al.,
    )
    Petitioner,
    )
    PCB 86—193
    v.
    )
    CITY OF FREEPORT,
    )
    )
    Respondent.
    )
    ORDER OF BOARD
    (by J.
    Marlin):
    On October 13,
    1988 Complainants other
    than Bill Aden and
    Joe Kendall
    (Complainants)
    filed a Motion for Limited Rehearing
    or Modification of Final Order.
    The City of Freeport (Freeport)
    did not file
    a response to this motion.
    However, Freeport filed
    a Motion for Stay of the Board’s September
    8, 1988 Order on
    October
    24,
    1988.
    Essentially, Freeport requests
    a stay to the
    extent that the Board’s Order imposes a $10,000 civil penalty
    pending an appeal by Freeport
    in the Illinois Appellate Court,
    Second District.
    The Board received notice of
    this appeal on
    October 19,
    1988.
    Since the Complainants’ motion was filed in
    a timely manner,
    the Board
    has jurisdiction
    to act on the motion notwithstanding
    Freeport’s appeal which was filed with the Second District on
    October 13,
    1988.
    See Clean Air Coordinating Committee
    v.
    Environmental Protection Agency,
    42 Iii. App.
    3d 124,
    355 N.E.2d
    573 (1st Dist.
    1976)
    (An appeal of a Board decision taken prior
    to the Board’s disposition of
    a timely filed motion for
    reconsideration was premature and ineffective.); Supreme Court
    Rule 303(a);
    Iii. Rev.
    Stat.
    1987, ch.
    110, par.
    3—101.
    The Board is not pursuaded by the arguments presented
    in the
    Complainants’ October
    13, 1988 motion that this matter should
    be
    reconsidered.
    Complainants’ motion is denied.
    In addition,
    the Board will not stay the effect of
    its
    September
    8,
    1988 Final Order; Freeport’s motion is denied.
    IT
    IS SO ORDERED.
    J.
    D.
    Duinelle concurred.
    93—275
    2
    I,
    Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    ~
    day of
    ~
    ,
    1988, by a vote
    of
    .
    Dorothy M.,~3unn,Clerk
    —
    Illinois ~“o1lutionControl Board
    93—276

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