ILLINOIS POLLUTION CONTROL BOARD
October 16, 2003
CITY OF KANKAKEE,
Petitioner,
v.
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE, and WASTE
MANAGEMENT OF ILLINOIS, INC.,
Respondents.
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PCB 03-125
(Third-Party Pollution Control Facility
Siting Appeal)
______________________________________
MERLIN KARLOCK,
Petitioner,
v.
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE, and WASTE
MANAGEMENT OF ILLINOIS, INC.,
Respondents.
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PCB 03-133
(Third-Party Pollution Control Facility
Siting Appeal)
______________________________________
MICHAEL WATSON,
Petitioner,
v.
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE, and WASTE
MANAGEMENT OF ILLINOIS, INC.,
Respondents.
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PCB 03-134
(Third-Party Pollution Control Facility
Siting Appeal)
______________________________________
2
KEITH RUNYON,
Petitioner,
v.
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE, and WASTE
MANAGEMENT OF ILLINOIS, INC.,
Respondents.
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PCB 03-135
(Third-Party Pollution Control Facility
Siting Appeal)
ORDER OF THE BOARD (by G.T. Girard):
On September 8, 2003, petitioner Michael Watson (Watson) filed a motion asking the
Board to reconsider portions of the Board’s August 7, 2003 opinion and order. The County of
Kankakee (County) filed a response to Watson’s motion on September 23, 2003, and Waste
Management of Illinois (Waste Management) filed responses to Watson’s motion on
September 24, 2003. On October 10, 2003, Watson filed a motion for leave to file a reply to the
County and Waste Management’s responses. The Board grants the motion for leave to file a
reply.
On September 12, 2003, Waste Management filed a motion asking the Board to
reconsider the Board’s August 7, 2003 opinion and order and on September 15, 2003, Waste
Management filed a motion to submit corrected pages. The Board will grant the motion to
submit corrected pages. On September 25, 2003, Merlin Karlock filed a response to Waste
Management’s motion. On September 26, 2003, the County filed a response and Watson filed a
response.
August 7, 2003 Board Opinion and Order
On August 7, 2003, the Board determined Waste Management failed to properly notify
all landowners pursuant to Section 39.2(b) of the Environmental Protection Act (Act) (415 ILCS
5/39.2(b) (2002)), and, therefore, the County lacked jurisdiction to review the siting application.
Since the County lacked jurisdiction, the Board vacated the decision by the Kankakee County
Board granting siting for the expansion of the facility owned and operated by Waste
Management. The Board also found that pursuant to Section 39.2(n) of the Act (415 ILCS
5/39.2 (2002)) Watson was responsible for paying for the preparation of the record on appeal.
DISCUSSION
In ruling on a motion for reconsideration, the Board will consider factors including new
evidence or a change in the law, to conclude that the Board’s decision was in error. 35 Ill. Adm.
Code 101.902. In Citizens Against Regional Landfill v. County Board of Whiteside, PCB 93-
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156 (Mar. 11, 1993), we observed that "the 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
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, 627, 572 N.E.2d 1154, 1158 (1st
Dist. 1992). Neither the motion filed by Watson nor the motion filed by Waste Management
present new evidence or a change in the law that would indicate that the Board’s decision was in
error. Therefore, both motions to reconsider are denied.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/31(a) (2002));
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on October 16, 2003, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
