ILLINOIS POLLUTION CONTROL BOARD
    May 6, 1999
    DEWEY'S SERVICE, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 99-107
    (UST - Reimbursement)
    ORDER OF THE BOARD (by C.A. Manning):
    This matter is before the Board on a March 17, 1999 motion for reconsideration
    (motion) filed by the petitioner, Dewey’s Service, Inc. (Dewey). Dewey seeks reconsideration
    of the Board’s February 4, 1999 order dismissing this appeal as untimely filed. No response
    was filed by the Illinois Environmental Protection Agency (Agency).
    In the motion, Dewey maintains that the January 27, 1999
    1
    petition for appeal from the
    December 21, 1998
    2
    Agency decision was timely filed. Dewey argues that the Agency’s
    reimbursement letter requires an owner or operator seeking appeal of the Agency’s decision to
    petition for hearing with the Board 35 days after notification of the final Agency decision.
    Dewey asserts that the time for appeal should run from the date of its receipt of the Agency
    letter. Alternatively, Dewey requests that the Board deem its petition to have been a timely
    request for extension of its appeal period pursuant to Section 40 of the Environmental
    Protection Act (Act) 415 ILCS 5/40(a)(1) (1996)).
    In ruling upon a motion for reconsideration filed pursuant to 35 Ill. Adm. Code
    101.246 and 101.300, the Board will consider “factors including, but not limited to, error in
    the previous decision and facts in the record which are overlooked.” 35 Ill. Adm. Code
    101.246(d). In Citizens Against Regional Landfill v. County Board of Whiteside County
    (March 11, 1993), PCB 93-156, the Board stated that “[t]he intended purpose of a motion for
    reconsideration is to bring to the court’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
    1
    Dewey maintains that the petition for appeal was filed on January 27, 1999; however, in its
    order of February 4, 1999, the Board found that the petition for appeal was deemed filed on
    January 26, 1999. See Dewey’s Service, Inc. v. IEPA (February 4, 1999), PCB 99-107, slip
    op. at 1.
    2
    In the motion for reconsideration, Dewey asserts that the Agency issued its decision on
    December 22, 1998; however, a review of the decision letter confirms that the Agency issued
    the decision on December 21, 1998.
    2
    application of the existing law.” Korogluyan v. Chicago Title & Trust Co., 213 Ill. App. 3d
    622, 572 N.E.2d 1154 (1st Dist. 1992).
    The Board denies Dewey’s motion for reconsideration of the Board’s February 4, 1999
    order. Dewey has not presented any newly-discovered evidence, a change in the law, or any
    other reason for the Board to conclude that its decision was in error. As to Dewey’s request
    that the time for appeal ran from the receipt date of its certificate of service, the Board’s
    procedural rules and Board case law interpret Section 40(a) of the Act (415 ILCS 5/40(a)(1)
    (1996)) to require that an appeal of a permit denial be filed within 35 days of mailing of the
    Agency’s decision. See 35 Ill. Adm. Code 105.102(a)(2); James River Paper Co. v. IEPA
    (March 31, 1994), PCB 92-112. As the Board stated in its February 4, 1999 order, the
    petition for appeal was postmarked January 26, 1999, and was accordingly deemed filed on the
    same date, one day after the expiration of the 35-day appeal period. See 35 Ill. Adm. Code
    101.102(a). Accordingly, the Board does not have jurisdiction to hear this matter.
    As to Dewey’s alternative request that this be considered a request for extension of the
    appeal time under Section 40(a)(1), that Section provides that “. . . written notice [is] provided
    to the Board from the applicant and the Agency within the initial appeal period.” 415 ILCS
    5/40(a)(1) (1996). Dewey’s filing here was one day late and was not joined by the Agency.
    As previously held by the Board, this action is dismissed.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 6th day of May 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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