ILLINOIS POLLUTION CONTROL BOARD
    February 18, 1999
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CRAIG LINTON, an individual, and
    RANDY ROWE, an individual,
    Respondents.
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    PCB 98-80
    (Enforcement - Land)
    ORDER OF THE BOARD (by C.A. Manning):
    On January 4, 1999, the Board received a motion for reconsideration from complainant
    seeking reconsideration of the Board’s order of December 3, 1998. The Board received no
    response to this motion. Complainant filed this enforcement action to obtain reimbursement of
    the cost of cleaning up an accumulation of used and waste tires pursuant to Section 55.3 of the
    Environmental Protection Act. See 415 ILCS 5/55.3 (1996). In its December 3, 1998 order,
    the Board denied complainant’s motion for summary judgment because the Board found that
    there was an issue of material fact as to respondents’ ownership of the site from which the
    used and waste tires were removed. Complainant seeks reconsideration of the Board’s
    decision.
    The purpose of a motion for reconsideration is to bring to the tribunal’s attention
    newly-discovered evidence which was not available at the time of the hearing, changes in the
    law, or errors in the court’s previous application of the existing law. Korogluyan v. Chicago
    Title & Trust Co., 213 Ill. App. 3d 622, 627, 572 N.E.2d 1154, 1158 (1st Dist. 1991).
    Motions for reconsideration are governed by 35 Ill. Adm. Code 101.246. Under subsection
    101.246(d), “[i]n ruling upon a motion [for reconsideration], the Board will consider factors
    including, but not limited to, error in the decision and facts in the record which are
    overlooked.” The Board denies complainant’s motion to reconsider. The Board notes that
    complainant is free, of course, to make whatever legal arguments it chooses to make after
    developing a full, factual record concerning the issues of ownership and operation. This
    matter shall proceed to hearing.
    IT IS SO ORDERED.
    Board Members K.M. Hennessey and M. McFawn concurred.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 18th day of February 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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