ILLINOIS POLLUTION CONTROL BOARD

August

7,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 74~-35l

WHEATON SANITARY DISTRICT,

a

municipal corporation,

Respondent.

ORDER OF THE BOARD

(by Mr.

Zeitlin):

On July 31, 1975 the Board received a Motion from

Respondent Wheaton Sanitary District, seeking reconsideration

of the Board’s final Opinion and Order

in this matter,

adopted June

6,

1975.

The Board on that same date received

from the Attorney General

a Motion to Strike,

asking either

that Wheaton’s Motion be stricken, or that the Attorney

General be allowed sufficient opportunity for response on

the merits.

First, Wheaton’s Motion is not timely.

Board Procedural

Rules allow 35 days for the filing of a Motion Subsequent To

Entry of Final Orc~er. Wheaton’s Motion clearly fails to

meet this standar~i.

Second, Wheaton’s Motion presents neither new evidence,

nor any new matters in mitigation.

Instead, Wheaton merely

questions the conclusions drawn by the Board on the facts

before

it

in the Record,

and the facts themselves,

as found

by the Board.

Wheaton’s Motion is wholly without merit, and

is hereby denied.

IT IS SO ORDERED.

I,

Christan L.

Moffett,

Clerk of the Illinois Pollution

Contro’ Board, hereby c rtify the above Order was adopted on

the

7

~

day of

—

,

1975,

by a vote of

___________

Christan

L. Moff~

~1erk

Illinois Pollutio

ontrol Board

18

—