ILLINOIS POLLUTION CONTROL BOARD
April
4,
1975
HERBERT F.
BANGERT,
Complainant,
vs.
)
PCB 74—295
CITY OF QUINCY,
Respondent.
ORDER OF THE BOARD
(by Mr. Henss):
On March
21, 1975 Complainant Herbert
F. Bangert,
filed
with the Pollution Control Board
a petition requesting “review”
of the Board Opinion and Order of February
6,
1975
“in
accordance with Title 11, Judicial Review, Section 41 of the
Environmental Protection Act”.
Complainant also referred
to
his petition as an “appeal’.
Section 41 of the Act provides for review of Board
decisions pursuant to the provisions of the Administration
Review Act.
The Statute specifically states that “review shall
be afforded directly in the Appellate Court of the District in
which the cause of action arose”.
The Pollution Control Board
does not review its own decision under that Statute.
The Procedural
Rules of the Board provided for “motions
subsequent
to entry of final order”
to be filed with the Board.
Rule
334 states:
“within
35 days
after the entry of a final
order and within such further time as the Board may allow, any
party may file
a motion for rehearing or modification of the
order,
or to vacate the order or for other relief..
.“
However,
Complainant is apparently not attempting to use that procedure.
The petition filed on March 21, 1975 will be stricken since
we do not have authority to review our own decisions pursuant to
Section 41 of the Act.
We will extend the time for the filing
of
a “motion subsequent
to the entry of
final order”
so that
Complainant does have a procedure available to him if he chooses
to use it.
We will allow 21 days from the date of this Order
for the filing with the Board of any motion for rehearing or
motion to vacate or modify the Order of February
6,
1975.
16— 293
It is ordered that the petition of March 21, 1975 be
stricken.
Complainant is allowed until April
25, 1975 for
the filing of motion subsequent to the entry of
final order.
I, Christan L. Moffett, Clerk of
the
Illinois Pollution C
trol
Board, here y certify the above Order was adopted this
_______
day ~
1975 by
a vote of
~to
p
16
—294