ILLINOIS POLLUTION CONTROL BOARD
    January
    11,
    1995
    RUSS’ SERVICE
    AND
    TOWING,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—305
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by R.
    C.
    Flemal):
    This matter comes before the Board on an Agency motion to
    file the record instanter filed by the Illinois Environmental
    Protection Agency (Agency) accompanied by the Agency record in
    this case.
    This petition was filed with the Board on October 21,
    1994,
    and the Agency asserts that it received notice of the
    petition on October 22,
    1994.
    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 November
    5,
    1994.
    This motion and the record were filed 52 days after the
    Agency received notice of petitioner’s appeal, and the record is
    38 days late.
    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
    //-tz
    day of
    -
    ,
    1995, by a vote of
    ~‘
    0
    ‘c~C~~
    /(.
    /~~\~/
    Dorothy M. ~&inn,Clerk
    Illinois Pc~llutionControl Board

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