ILLINOIS POLLUTION CONTROL BOARD
    March 26, 1992
    PAULINA KERPEC TRUST, #103,
    )
    Petitioner,
    )
    v.
    )
    PCB 91—232
    )
    (Underground Storage Tank Fund
    ILLINOIS ENVIRONMENTAL
    )
    Reimbursement Determination
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    This matter comes before the Board on a March 12, 1992
    motion to file the record instanter filed by the Illinois
    Environmental Protection Agency (Agency). This petition was
    filed with the Board on or about November 25, 1991, and the
    Agency asserts that it received notice of the petition on
    December 2, 1991. 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”. This motiOn and
    the record were filed 101 days after the Agency received notice
    of petitioner’s appeal and is 87 days late. The Agency stated
    that it believes no prejudice has occurred to petitioner due to
    the delay.
    Apart from the question of whether the petitioner is
    prejudiced the Board is concerned about the very substantial
    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 N. Gunn, Clerk of the Illinois Pollution Control
    Boar~hereby certify that the above Order was adopted on the
    c~
    day of the _______________________, 1992 by a vote ‘of
    7’—o.
    /~_‘
    /2
    ~
    ~
    Dorothy M,/~unn, Clerk
    Illinois ~állution Control Board
    131—509

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