ILLINOIS POLLUTION CONTROL BOARD
September 3, 1992
CITY OF FREEPORT,
)
Petitioner,
v.
)
PCB 92—103
)
(Underground Storage Tank Fund
ILLINOIS ENVIRONNENTAL
)
Reimbursement Determination)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD by (J. Anderson):
This matter comes before the Board on an August 27, 1992
motion to file the record instanter filed by the Illinois
Environmental Protection Agency (Agency). This petition was
filed with the Board on July 15, 1992, and the Agency asserts
that it received notice of the petition on July 16, 1992.
Pursuant to 35 I11~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 July 30, 1992. This motion and the record were filed 42
days after the Agency received notice of petitioner’s appeal, and
are 28 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 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 N. Gunn, Clerk of the Illinois Pollution Control
Bo~rd,~hereby certi~fy~J~tthe above order was adopted on the
~
day of ~
by a vote of
7O
M~.
Dorothy M. ~
Clerk
Illinois poiiution Control Board
0135-0525