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