ILLINOIS POLLUTION CONTROL BOARD

May 21, 1992

MARTIN OIL MARKETING #64,

)

Petitioner,

v.

)

PCB 92—53

)

(Underground Storage Tank Fund

Reimbursement Determination)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD (by J. Anderson):

This matter comes before the Board on a May 14, 1992 motion to

file the record instanter filed by the Illinois Environmental

Protection Agency (Agency). This petition was filed with the Board

on April 8, 1992, and the Agency asserts that it received notice of

the petition on April 10, 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 April 24, 1992. This

motion and the record were filed 34 days after the Agency received

notice of petitioner’s appeal, and are 20 days late.

Because the Act requires the Board to consider the Agency

record in making its decision, 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 certify that the above order was adopted on the

~/-~~day of

c~—.--7

,

1992, by a vote of

7—c.

~

(7

~/

‘/~~4

~.

Dorothy M.4unn, Clerk

Illinois P~Llution Control Board

I 33—54 I