ILLINOIS POLLUTION CONTROL BOARD
    October 21,
    1993
    INSPIRATION DEVELOPMENT
    )
    COMPANY,
    Petitioner,
    )
    v.
    )
    PCB 93—172
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    This matter is before the Board on an October 13,
    1993
    motion to file answer instanter,
    filed by the Illinois
    Environmental Protection Agency
    (Agency).
    That answer states
    that the Agency files, as its answer, the record of permit
    application.
    Thus, we construe the motion to file answer
    instanter as a motion for leave to file the Agency record in this
    matter.
    This permit appeal was filed with the Board on September 13,
    1993, and the Agency states that it received notice of the
    petition on September 14,
    1993.
    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 September
    28,
    1993.
    This motion and the record were filed 30 days after
    the Agency received notice of petitioner’s appeal, and are 16
    days late.
    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 M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ~
    day of
    __________________,
    1993, by a vote of
    7—f’
    /~
    ~
    y7
    .
    Dorothy N.
    Guln,
    Clerk
    Illinois Poll~itionControl Board

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