ILLINOIS POLLUTION CONTROL BOARD
    May 21, 1992
    WASTE HAULING, INCORPORATED,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92-40
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    This matter comes before the Board on a May 11, 1992 motion to
    file the record instanter filed by the Illinois Environmental
    Protection Agency (Agency). This petition was filed with the Board
    on March 12, 1992, and the Agency asserts that it received notice
    of the petition on March 11, 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 March 25, 1992. This
    motion and the record were filed 68 days after the Agency received
    notice of petitioner’s appeal, and are 54 days late. Additionally,
    the record was filed only 10 days in advance of the scheduled May
    21, 1992 hearing.
    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. Because 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 M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ~7/~
    day of
    ,
    1992, by a vote of
    n, Clerk
    .lution Control Board
    133—531

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