ILLINOIS
POLLUTION
CONTROL
BOARD
January 21, 1993
CHUCK AND DAN’S AUTO SERVICE,
)
)
Petitioner,
)
v.
)
PCB 92—203
)
(Underground Storage Tank
Fund
Reimbursement Determination)
)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD (by ~Y.Theodore Meyer):
This matter comes before the Board on a January 19, 1993
motion to file the record instanter filed by the Illinois
Environ~iientalProtection Agency (Agency)
*
This petition was filed
with
the Board
on
December 11, 1992, and the Agency asserts
that
it
received notice of the petition
on December 14,
1992. Pursuant to
35 Iii. 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 December
24, 1992. This motion and the record were filed 33 days after the
Agency received notice of petitioner’a appeal, and are 43 days
late.
The Board is concerned about the 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 Actrequires the
Board tQ 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 certif hat the above order was adopted on the
_____
of
,
1993, by a vote of
0138-05Q7
Control Board