ILLINOIS POLLUTION CONTROL BOARD
September 17, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
COMMUNITY LANDFILL COMPANY,
INC. and the CITY OF MORRIS,
Respondents.
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PCB 03-191
(Enforcement -Land)
ORDER OF THE BOARD (by S.D. Lin):
In its June 18, 2009 opinion and order, the Board assessed penalties against both
respondents for violations of the Environmental Protection Act (Act), 415 ILCS 5/1
et seq
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(2008) and the Board’s rules requiring the posting of financial assurance for the proper closure
and post-closure care of the Morris Community Landfill (Landfill). The action was brought by
the People of the State of Illinois. Site permits for the Landfill, issued by the Illinois
Environmental Protection Agency, list Community Landfill Company, Inc. (CLC) as the
operator, and the City of Morris (City or Morris) as the owner. The Landfill is a special waste
and municipal solid waste landfill located at 1501 Ashley Road, in Morris, Grundy County.
The respondents each timely filed a separate motion for reconsideration; the City’s
motion was filed July 22, 2009 and CLC’s was filed on July 27, 2009. The People timely filed a
response in opposition to the City’s motion for reconsideration on August 5, 2009. Pursuant to
the August 25, 2009 hearing officer order granting the People’s motion for extension of time, the
People timely filed a response in opposition to CLC’s motion on August 26, 2009. Pursuant to
the August 25 hearing officer order, on August 31, 2009 the City filed a reply in opposition to
the Agency’s response to its motion. The Board denies the motion for leave to file
accompanying the reply as unnecessary.
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. The Board has stated 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.”
Citizens Against Regional Landfill v. County Board of Whiteside, PCB 92-156, slip op. at 3
(Mar. 11, 1993) (sanctions ruling in landfill siting appeal affirmed on reconsideration), citing the
general rule set out in Korogluyan v. Chicago Title & Trust Co., 213 Ill. App. 3d 622, 627, 572
N.E.2d 1154, 1158 (1st Dist. 1992) (review of trial court ruling on motion to reconsider).
After review of the filings, the Board finds that the respondents have produced no new
evidence, citation to change in law, or convincing arguments that the Board misapplied exiting
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law that would lead the Board to conclude that the June 18, 2009 decision was in error. The
Board accordingly denies each respondent’s motion for reconsideration.
The Board notes that the pendency of the timely-filed motions for reconsideration stayed
the effect of the June 18, 2009 order until final disposition of those motions in today’s order. See
35 Ill. Adm. Code 101.520 (c), citing 35 Ill. Adm. Code 101.300(d)(2). Accordingly, the 60 day
timeframe for performance of the terms of the Board’s order begin to run anew today.
Accordingly, each respondent’s deadline date for performance is now November 16, 2009.
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) (2008); 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 September 17, 2009, by a vote of 5-0.
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John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
