ILLINOIS POLLUTION CONTROL BOARD
    July 30,
    1992
    MERCANTILE BANk OF
    )
    ST.
    LOUIS, N.A. PERSONAL
    )
    REPRESENTATIVE OF THE
    )
    ESTATE OF ULLUS GUDDER,
    )
    Petitioner,
    v.
    )
    PCB 92-86
    )
    (Underground Storage Tank Fund
    ReImbursement Determination)
    ILLINOIS ENVIRONNENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before the Board on a July 20,
    1992 motion
    to file the record instanter filed by the Illinois Environmental
    Protection Agency (Agency).
    This petition was filed with the Board
    on June
    1,
    1992, and the Agency asserts that it received notice of
    the
    petition
    on June
    3,
    1992.
    Pursuant
    to
    35
    Ill.
    Adm.
    Code
    105.102 (a) (4), the Agency record is to be filed with the Pollution
    Control Board within
    14 days “upon notice
    of the petition”.
    The
    record was therefore due to be filed on June 16,
    1992.
    This motion
    and the record were filed 47 days after the Agency received notice
    of petitioner’s appeal,
    and is 34 days late.
    The Board is concerned about the significant delay in filing
    this
    record.
    The Board also notes with concern the absence of any
    earlier motion requesting an extension of time.
    However,
    as the
    Act requires the Board to consider the Agency record inniaking its
    decision, the Agency’s motion to allow filing of the Agency record
    instanter is hereby granted.
    IT IS SO ORDERED.
    I,
    Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cert
    y that the above order was adopted on the
    ~
    day of
    ____________________
    ,
    1992,
    by a vote of
    ~
    7/
    //
    /1
    T2
    1/
    ~/‘
    ~
    ~
    Dorothy
    M. 9-~n,Clerk
    Illinois Poi,~TutionControl Board
    0135-0179

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