ILLINOIS POLLUTION CONTROL BOARD

December 3, 1992

GREENVILLE AIRPORT

AUTHORITY,

Petitioner,

v.

)

PCB 92—157

(Underground Storage Tank Fund

Reimbursement Determination)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by ~3.C. Marlin):

This matter comes before the Board on a November 30, 1992

motion to file the record instanter filed by the Illinois

Environmental Protection Agency (Agency). This petition was filed

with the Board on October 21, 1992, and the Agency asserts that it

received notice of the petition on October 22, 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 5,

1992. This motion and the record were filed 40 days after the

Agency received notice of petitioner’s appeal, and are 25 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. The Agency’s

motion to allow filing of the Agency record instanter is hereby

granted.

The Board additionally notes that on December 2, 1992 the

Agency filed a motion for summary judgment. Ruling on this motion

is reserved until expiration of the response time.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

B~ar~,hereby certify that the above order was adopted on the

2~-~day of

____________________

,

1992, by a vote of

______

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Dorothy

M.~’unn,

Clerk

Illinois ~‘o~L1utionControl Board

0137-0567