ILLINOIS POLLUTION CONTROL BOARD
    August 26,
    1993
    INDIAN PRAIRIE COMNUNITY UNIT
    SCHOOL DISTRICT NO.
    204,
    Petitioner,
    v.
    )
    PCB 93-80
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by N. Nardulli):
    This matter
    conies before the
    Board
    on
    an August
    18,
    1993,
    motion
    to
    file
    the
    record
    instanter
    filed
    by
    the
    Illinois
    Environmental Protection Agency (Agency).
    Petitioner’s appeal of
    the Agency’s decision was filed with the Board on May 3,
    1993, and
    the Agency received notice on May
    6,
    1993.
    Pursuant to
    35
    Iii.
    Adni. 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 May 20,
    1993.
    This motion and the record were filed 104 days after notice,
    and are 90 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,
    as the
    Act requires
    the Board
    to consider
    the
    record
    in
    reaching
    its
    decision,
    the
    Agency’s
    motion
    to
    allow
    filing
    of
    the
    record
    instanter is hereby granted.
    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board, here~ycertify that the above order was adopted on the
    7~~YI
    day of
    ~
    ,~y-
    ,
    1993,
    by a vote of
    ~-O
    ~
    ~
    /~/
    6
    Dorothy
    M.
    GuI?1, Clerk
    Illinois PolThtion Control Board

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