ILLINOIS POLLUTION CONTROL BOARD
    February 19, 1998
    PEOPLE OF THE STATE OF ILLINOIS
    Complainant,
    v.
    HARVEY CASH d/b/a CASH OIL
    COMPANY,
    Respondent.
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    PCB 96-75
    (Enforcement - Air)
    ORDER OF THE BOARD (by G.T. Girard):
    On February 11, 1998, complainant filed a motion for extension of time for payment of
    penalty. As this is a request to amend a final order of the Board we will view the
    complainant’s request as a motion to reconsider the Board’s order of January 8, 1998. The
    motion states that it is submitted in the “interest of justice” and in response to a letter from
    respondent of February 2, 1998. Complainant indicates that the respondent might be
    financially able to pay the penalty assessed on January 8, 1998, in three quarterly installments
    beginning June 1, 1998.
    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 Board will grant the motion to reconsider and grant the relief requested by
    complainant. The financial situation of respondent is newly discovered evidence and the Board
    agrees that extending the payment of the penalty is warranted in this case. For convenience,
    the Board will set out the order in its entirety.
    ORDER
    1.
    The Board finds that Harvey Cash d/b/a Cash Oil Company (respondent)
    violated Sections 9(a) and (c), 9.1(d)(1), and 21(a) of the Illinois Environmental
    Protection Act (415 ILCS 5/9(a) and (c), 9.1(d)(1), and 21(a) (1994).
    2.
    Respondent will cease and desist from violations of the Act and the Board’s
    regulations.
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    3.
    Respondent shall pay a civil penalty in the amount of $1,500 by certified check
    or money order made payable to the Environmental Protection Trust Fund in
    three quarterly installments being due on or before June 1, 1998, September 1,
    1998, and December 1, 1998. Respondent shall send the payment by First
    Class Mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 N. Grand Avenue East
    Springfield, IL 62702
    Respondent shall write the case name and number and his social security or
    federal employer identification number on the certified check or money order.
    4.
    Penalties unpaid after the due date shall accrue interest pursuant to Section 42(g)
    of the Environmental Protection Act. 415 ILCS 5/42(g) (1996).
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 145 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 19th day of February 1998, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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