ILLINOIS POLLUTION CONTROL BOARD
    May 1, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    WASTE HAULING LANDFILL, INC., an
    Illinois corporation, and WASTE HAULING,
    INC., an Illinois corporation,
    Respondents.
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    WASTE HAULING LANDFILL, INC.,
    an Illinois corporation, AND WASTE
    HAULING, INC., an Illinois corporation,
    Cross-claimants,
    v.
    BELL SPORTS, INC., a California
    corporation,
    Cross-respondent.
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    PCB 95-91
    (Enforcement - Land)
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board on a motion for reconsideration of interim order
    filed by Waste Hauling Landfill, Inc. and Waste Hauling, Inc. (collectively WHLI/WHI) on
    April 14, 1997. WHLI/WHI requests that the Board reconsider its March 20, 1997 interim
    order which approved a stipulation and proposal for settlement between complainant and Bell
    Sports, Inc. (Bell Sports) only. Complainant and Bell Sports both filed responses to the
    motion for reconsideration on April 15, 1997 and April 21, 1997, respectively.
    In ruling upon a motion for reconsideration, the Board is to 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
    2
    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 application of the existing law.” (Korogluyan v. Chicago Title & Trust
    Co. 213 Ill. App.3d 622, 572 N.E.2d 1154 (1st Dist. 1992).)
    Contrary to WHLI/WHI’s belief, the Board, in making its determination on March 20,
    1997, considered all arguments and pleadings filed by the parties in this matter. As such, the
    Board finds that the arguments presented in WHLI/WHI’s motion for reconsideration do not
    present the Board with any new evidence, a change in the law, or any other reason to conclude
    that the Board’s decision was in error. Therefore, the Board denies WHLI/WHI’s motion for
    reconsideration.
    The original enforcement matter filed by complainant against WHLI/WHI shall proceed
    as scheduled; likewise, the cross-claim between WHLI/WHI and Bell Sports shall proceed
    accordingly. Again, the Board notes that Bell Sports shall no longer appear as a named
    respondent in any future pleadings or orders in the original enforcement case filed by
    complainant. The current Board order reflects this.
    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 1
    st
    day of May, 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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