ILLINOIS POLLUTION CONTROL
    BOARD
    April 22,
    1993
    LEGG
    AND
    SONS OIL COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 92—214
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by 3. Theodore Meyer):
    This matter is before the Board on an April 20,
    1993 motion
    to file the record instanter,
    filed by the Illinois Environmental
    Protection Agency (Agency).
    This petition was filed with the
    Board on December 28,
    1992,
    and the Agency states that it
    received notice of the petition on February 2,
    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
    February 16,
    1993.
    This motion and the record are 61 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.
    Additionally, there is no explanation of the circumstances
    surrounding the delay between the filing of the petition with the
    Board, and the Agency’s receipt of that petition.
    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 M. Gunn,
    Clerk of the Illinois Pollution Control
    Boarc~,hereby certify t1~atthe above order was adopted on the
    ~
    day of
    __________________,
    1993,
    by a vote of
    ~
    A
    ~
    ~—~Dorothy
    M. Gu~n,Clerk
    Illinois Po9~1tionControl Board
    01
    L~
    -0235

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