ILLINOIS POLLUTION CONTROL BOARD
January
21,
1993
RON’S INTERSTATE SUNOCO,
)
)
Petitioner
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 92—200
(Underground Storage Tank
Fund
Reimbursement Determination)
ORDER OF THE BOARD
(by
3.
C. Marlin):
This
matter comes before the Board on a January 7., 1993.motion
to file the record instanter filed by the Illinois Environmental
Protection Agency (Agency).
This petition was filed with the Board
on December 8, 1992, and
the
Agency asserts that it received notice
of the petition on December 8, 1992.
Pursuant to 35 Ill. Ads. 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 December 22,
1992.
This
motion and the record were filed 30 days after the Agency received
notice of petitioner’s appeal, and are 17 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.
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 cer
~.
y that the above order was adopted on
the
~~.4—~-dayof
__________________,
1993, by
a vote of
0
0138-05Q5
I
Control
Board