ILLINOIS POLLUTION CONTROL BOARD
    October 2, 1997
    MARILYN J. RICHEY,
    Complainant,
    v.
    TEXACO REFINING AND MARKETING,
    INC.,
    Respondent.
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    PCB 97-148
    (Enforcement - UST)
    ORDER OF THE BOARD (by G.T. Girard):
    On August 29, 1997, respondent filed a motion to reconsider the Board’s August 7,
    1997 order. The August 7, 1997 order denied a motion by respondent to dismiss or in the
    alternative to stay this proceeding. The Board received a response from complainant on
    September 23, 1997. Respondent maintains that on June 20, 1997, an action was filed in
    Madison County by Chief’s Quick Stop, Inc., a corporation. This case was removed by
    respondent to the United States District Court, Southern District of Illinois at East St. Louis,
    no. 97-675-WDS. Respondent asserts that complainant in this case controls the stock in the
    corporation and the filing of that action renders this proceeding duplicitous.
    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
    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).
    The motion to reconsider is denied. The Board finds nothing in the motion to
    reconsider which persuades the Board that its decision of August 7, 1997, was in error, or that
    facts were overlooked. Therefore, this case shall proceed as ordered on August 7, 1997.
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    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 2nd day of October 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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