ILLINOIS POLLUTION CONTROL BOARD
December 17, 1992
SHELL OIL COMPANY,
Petitioner,
v.
)
PCB 92—154
)
(Underground Storage Tank
Fund
Reimbursement Determination)
)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD (by G. T. Girard):
This matter comes before the Board on a December 11, 1992
motion to file the record instanter filed by the Illinois
Environmental Protection Agency (Agency). This petition was filed
with the Board on October 19, 1992, and the Agency asserts that it
received notice of the petition on October.19, 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 November 2,
1992. This motion and the record were filed 53 days after the
Agency received notice of petitioner’s appeal, and are 39 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
Board, hereby certify that the above order was adopted on the
17ZZ
day of
___________________,
1992, by a vote of
7—a
~U.
‘—l5orothy N. p~nn, Clerk
Illinois P4~4ution Control Board
0138-0137