ILLINOIS POLLUTION CONTROL BOARD
    April 3, 2008
    WASTE MANAGEMENT OF ILLINOIS,
    INC.,
    Petitioner,
    v.
    COUNTY BOARD OF KANKAKEE
    COUNTY,
    Respondent.
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    PCB 04-186
    (Pollution Control Facility
    Siting Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On March 5, 2008, Waste Management of Illinois, Inc. (Waste Management) filed a
    motion to reconsider (Mot.) the Board’s January 24, 2008, opinion and order. On March 19,
    2008 the County Board of Kankakee County (County) filed a response (Resp.) to the motion and
    on March 20, 2008, a supplemental response (Supp. Resp.).
    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).
    Waste Management argues that the Board applied the wrong standard of review in
    considering the decision by the County denying siting for expansion of a pollution control
    facility, known as the Kankakee Landfill. Mot. at 2. Waste Management relies on Town &
    Country Utilities, Inc. v. PCB, 225 Ill. 2d 103, 866 N.E.2d 227 (2007) to support its argument.
    The County responds by noting that Waste Management argued the manifest weight of the
    evidence standard in the briefs filed with the Board. Resp. at 2. The County further asserts that
    Town & Country did not disturb the well-established standard of review to be applied by the
    Board to the County’s decision.
    Id
    . The County also notes that the Board has already addressed
    this argument and found that Town & Country did not alter the well-established precedent
    concerning the standard of review to be applied by the Board. Supp. Resp. at 1-2, citing Peoria
    Disposal Co. v. Peoria County Board, PCB 06-184, slip op. at 26 (June 21, 2007).
    The Board stated in Peoria Disposal:
    2
    The Board disagrees with PDC’s interpretation that the Illinois Supreme Court’s
    recent decision in Town & Country changed the standard of review applicable to
    siting review proceedings before the Board. Town & Country by no means
    changed the standard the Board must apply in reviewing local siting decisions,
    which is whether the local siting authority’s decision was against the manifest
    weight of the evidence. Rather, the Illinois Supreme Court clarified that the
    Board’s role is to apply “technical expertise in examining the record to determine
    whether the record supported the local siting authority’s conclusions.” Town &
    Country, Nos. 101619, 101652 (cons.) at 14 [Town & Country, 225 Ill. 2d at
    123]. Accordingly, below the Board considers whether the County Board’s
    decision was against the manifest weight of the evidence with respect to criteria i,
    ii, iii, and vi. Peoria Disposal
    , PCB 06-184, slip op. at 26.
    The Board reviewed the arguments of Waste Management and again reviewed the Illinois
    Supreme Court’s decision in Town & Country. The Board reiterates the finding in Peoria
    Disposal that Town & Country did not change the standard of review the Board employs when
    reviewing a local siting appeal. Therefore, the Board denies Waste Management’s motion to
    reconsider.
    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.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on April 3, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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