ILLINOIS POLLUTION CONTROL BOARD
    April 1, 2004
    ANTHONY and KAREN ROTI, PAUL
    ROSENSTROCK, and LESLIE WEBER,
    Complainants,
    v.
    LTD COMMODITIES,
    Respondent.
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    PCB 99-19
    (Citizens Enforcement – Noise)
    ORDER OF THE BOARD (by N.J. Melas):
    On March 15, 2004, LTD Commodities (LTD) filed a motion to supplement the record
    with new information regarding the sale of complainant Mr. Paul Rosenstrock’s home. LTD
    attached to the motion a copy of the transfer declaration for the sale of the home. To date, the
    complainants have not responded to the motion.
    Once a party appeals a final Board decision to the appellate court, the Board no longer
    has jurisdiction to enter any order that would change or modify the Board’s final judgment or its
    scope, or to rule on any substantive matter that is on appeal. ESG Watts, Inc. v. IEPA, PCB 01-
    139 (June 6, 2002);
    aff’d
    IEPA v. PCB & ESG Watts, Inc., No. 4-02-0560 slip op. at 6 (4th Dist.
    2002). Here, LTD filed an appeal of the Board’s final order in the Second District Appellate
    Court on March 1, 2004. LTD moved the Board to supplement the record on March 15, 2004.
    Accordingly, the Board does not have jurisdiction to rule on LTD’s motion.
    Even assuming the Board had jurisdiction, LTD’s motion would be denied. First, the
    information sought to be added to the record was not presented at any of the Board hearings in
    this proceeding that has been pending for five years. In addition, the Board issued a final
    opinion and order in this matter on July 24, 2003, and a supplemental opinion on February 5,
    2004. The Board did not consider the information LTD seeks to add to the record in reaching
    either order. Because the information was not entered into evidence at hearing, the complainants
    could not present opposing testimony regarding the new information. For these reasons, the
    Board would not have allowed LTD to supplement the record at this late date.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 1, 2004, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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