ILLINOIS POLLUTION CONTROL BOARD
    November
    3,
    1988
    CITY OF EAST MOLINE,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 86—218
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.D. Dumelle):
    This matter comes before the Board upon receipt
    of
    a October
    13,
    1988 Motion For Rehearing,
    filed by Petitioner, the City of
    East Moline.
    A Responsive Motion By Respondent,
    Illinois
    Environmental Protection Agency (Agency) was filed on October
    28,
    1988.
    The motion for rehearing
    is denied.
    Petitioner
    raises no
    new argument which was not substantially addressed during the
    case
    in chief.
    In responding
    to Petitioner’s plea for
    a new
    hearing the Board looks for guidance
    to
    a recent Appellate case
    involving
    a request for rehearing from
    a permit denial.
    “...
    the court’s language should not be
    construed
    to allow the supplementing of the
    record with new matters not considered in the
    Agency’s denial of
    the permit application
    we believe Alton was afforded an adequate
    opportunity to challenge the reasons given by
    the Agency for
    its permit denial.
    And we,
    accordingly, find no basis upon which
    to
    remand
    for further hearing.
    Alton Packaging
    Corporation
    v.
    IPCB et
    al.,
    (5th Dist.
    1987)
    114 Ill.
    Dec.
    120,
    162 Ill. App.
    3d 731, 516
    N.E.2d 275 at 280.
    Although the case at issue involves an NPDES permit
    (not
    permits arising from sulfur dioxide emissions)
    the policy
    is the
    same.
    Petitioners have had
    a hearing;
    no new matters are raised
    in the instant motion.
    The motion for rehearing and
    reconsideration is denied.
    IT
    IS SO ORDERED.
    93—277
    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that ,~heabove Order was adopted on
    the
    _____________
    day of
    ~t~t-t,
    ,
    1988 by a vote
    of
    -
    a
    .
    Dorothy M~’7Guna,Clerk
    Illinois Vollution Control Board
    93—278

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