ILLINOIS POLLUTION CONTROL BOARD
    April 9, 1992
    DYNAMIC HYDRA-BLA$TING, INC.,
    Petitioner,
    v.
    )
    PCB 92—30
    (Underground Storage
    Tank Fund Reimbursement
    ILLINOIS ENVIRONMENTAL
    Determination)
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    This matter comes before the Board on a March 27, 1992
    motion to file the record instanter filed by the Illinois
    Enviromuental Protection Agency (Agency). This petition was
    filed with the Board on February 19, 1992, and the Agency asserts
    that it received notice of the petition on February 20, 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”. This motion and the record were filed
    36 days after the Agency received notice of petitioner’s appeal,
    and is 22 days late. The decision deadline is June 18, 1992, and
    the Board notes that there has been no waiver of the deadline.
    The Agency stated that it believes no prejudice has occurred to
    petitioner due to the delay.
    Apart from the question of whether the petitioner is
    prejudiced, the Board is concerned about the significant delay in
    filing this record. This record is being filed less than 12
    weeks before the expiration of the Board’s 180 decision period,
    and only 20 days before the scheduled hearing date of April 16,
    1992. 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.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    B~rd, hereby certify t1~atthe above order was adopted on the
    /~
    day of
    ~
    ,
    1992, by a vote of
    7-c’
    132— 139

    Back to top