ILLINOIS POLLUTION CONTROL BOARD
March 5, 1998
SIERRA CLUB and JIM BENSMAN,
Petitioners,
v.
CITY OF WOOD RIVER and NORTON
ENVIRONMENTAL,
Respondents.
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PCB 98-43
(Pollution Control Facility Siting Appeal)
ORDER OF THE BOARD (by R.C. Flemal):
On February 13, 1998, petitioner Sierra Club filed a motion to reconsider the Board’s
January 8, 1998, order. In that order the Board affirmed the City of Wood River’s August 18,
1997, siting approval granted to Norton Environmental. On February 18, 1998, petitioner Jim
Bensman also filed a motion for reconsideration. On February 20, 1998, the City of Wood
River filed a response to the motions to reconsider. On February 24, 1998, Norton
Environmental also filed a response to the motions to reconsider.
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 noted 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 motions to reconsider are denied. The Board finds nothing in the motions that
persuades the Board that its decision of January 8, 1998, was in error, or that facts were
overlooked.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 5th day of March 1998, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
