ILLINOIS POLLUTION CONTROL BOARD
    December 17,
    1992
    MERCANTILE
    BANK
    OF ST. LOUIS,
    )
    N.A., personal Representative
    )
    of the Estate of Ullus Gudder,
    )
    Petitioner,
    V.
    PCB 92—124
    (Underground Storage
    ILLINOIS
    ENVIRONMENTAL
    )
    Tank Reimbursement)
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by B. Forcade):
    This matter is before the Board on a December 8,
    1992
    motion to file the record instanter, filed by the Illinois
    Environmental Protection Agency (Agency).
    This petition was
    filed with the Board on August 28,
    1992, and the Agency states
    that it received notice of the petition on September
    1,
    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 September 15,
    1992.
    This motion and the record were
    filed 108 days after the Agency received notice
    of. petitioner’s
    appeal, and are 94 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,
    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.
    No substantive action has taken place in this matter.
    Therefore, the Board directs the parties to file a status report
    with the Board to be received by the Board no later than March 1,
    1993.
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board
    do hereby certify that the above order was adopted on the
    i7~
    day of
    ,
    1992, by a vote of
    Dorothy M. G~4i,Clerk’
    Illinois Pollution Control Board
    0138-0129

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