ILLINOIS POLLUTION CONTROL BOARD
    November
    3,
    1988
    IN THE MATTER OF:
    )
    CHICAGO HEIGHTS REFUSE DEPOT,
    )
    AC 87-47
    INC.
    )
    (IEPA No.
    8383—AC)
    Respondent.
    )
    Docket A
    ORDER OF THE BOARD
    (by K.
    Nardulli):
    On October
    31,
    1988, the Respondent,
    Chicago Heights Refuse
    Depot,
    Inc.,
    filed
    a Reply and Objection to the Opinion and Order
    of
    the Board in this matter entered on September 22,
    1988.
    Pursuant
    to 35
    111. Mm. Code 103.240,
    any party has thirty—five
    days after
    the adoption of
    the final order
    to file
    a motion
    in
    reply.
    Failure of
    a party to appeal
    a final order within thirty—
    five days waives
    the party’s right
    to review.
    In this case,
    the
    thirty—five days had elapsed before the reply was filed
    and
    therefore the Reply and Objection will not be accepted by the
    Board.
    However, because the Respondent’s Reply Brief was
    unintentionally overlooked in drafting the Opinion and Order,
    the
    Board will,
    on its own motion,
    address the issues presented in
    the Reply and Objection to clarify the record.
    The Opinion and Order
    of September
    22,
    1988 stated that the
    Respondent failed to file
    a Response Brief
    in the matter.
    In
    fact,
    the Respondent’s Reply Brief was filed on June 16,
    1988.
    While
    the Opinion and Order were drafted without referring to the
    Reply Brief,
    the Board did review the remainder of
    the record
    in
    an effort
    to anticipate arguments that could
    be made by the
    Respondent.
    All of the points presented by the Respondent
    in the
    Response Brief were considered in formulating
    the Opinion and
    Order, and the Opinion and Order clearly states
    the
    reason for
    the Board’s decision.
    There
    is nothing
    in the Reply Brief that
    would dissuade the Board from the Opinion and Order
    it has
    entered.
    In the Reply
    and Objection,
    the Respondent also argues
    that
    circumstances beyond Respondent’s control may have caused refuse
    to remain uncovered.
    This argument was not raised at hearing or
    in the Reply Brief and
    is therefore not properly introduced
    in
    a
    motion subsequent
    to entry of
    a final order.
    It shall also be
    noted that the Board addressed the possibility of an
    uncontrollable circumstance defense
    in the Opinion and Order and
    determined that the Respondent had failed
    to show that an
    uncontrollable circumstance existed.
    The Motion
    is hereby denied.
    9’3-321
    —2—
    IT
    IS SO ORDERED.
    I,
    Dorothy K.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    certify that the above Order was adopted on
    the
    ~“-~-
    day of
    ________________________,
    1988 by a vote
    of
    ~.—o
    Dorothy M//Gunn,
    Clerk
    Illinois ~ol1ution Control Board
    93—322

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