ILLINOIS POLLUTION CONTROL BOARD
March 11,
1993
PEKIN METRO LANDFILL,
)
)
Petitioner,
)
V.
)
PCB 93—10
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by J. Anderson):
On February 26,
1993, the Illinois Environmental Protection
Agency (Agency)
filed the Agency’s record and a motion to file
the record instanter.
This petition was filed with the Board on
January 14,
1993,
and the Agency states that it received notice
of the petition on January 14,
1992.
Pursuant to 35 Iii. Adm.
Code 105.102(a) (4), the Agency record is to be filed with the
Board within 14 days “upon notice of the petition”.
The record
was therefore due to be filed on January 28, 1993.
This motion
and the record were filed 43 days after the Agency received
notice of petitioner’s appeal and are 29 days late.
The Board is concerned about the delay in filing this
record.
The Board also notes with concern the absence of any
earlier motion requesting an extension of time.
However, because
the Agency’s record is necessary for the decision of this
proceeding, the motion to allow filing of the Agency record
instanter is hereby granted.
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
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day of
__________________,
1993, by a vote of
01 ~40O059
Control Board