ILLINOIS POLLUTION CONTROL BOARD
July 12, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
RENEE C. LO,
Respondent.
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AC 07-53
(IEPA No. 58-07-AC)
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On June 4, 2007, the Board received “Petition for Withdrawal of Order Entered May 17,
2007” (petition) filed by Renee C. Lo (respondent). The petition did not include any indication
that the petition was served on the Illinois Environmental Protection Agency (Agency) as
required by Section 101.500(b) of the Board’s rules (35 Ill. Adm. Code 101.500(b)). The Board
interprets the petition as a motion to reconsider (
see
35 Ill. Adm. Code 101.520).
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-
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). Respondent has provided no new evidence, change in law or other reason to
conclude that the Board’s decision was in error. Therefore the petition is 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 5/41(a) (2006);
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.
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I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on July 12, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
