ILLINOIS POLLUTION CONTROL BOARD
December 17, 1992
CITY OF HIGHLAND,
)
)
Petitioner,
)
v.
)
PCB 92—144
)
(Variance)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER
OF THE BOARD (by J. C. Marlin):
This matter comes before the Board on a December 4, 1992,
motion to file the recommendation instanter filed by the Illinois
Environmental Protection Agency (Agency). The petition was filed
with the Board on October 7, 1992, and the Agency asserts that it
received notice of the petition on October 5, 1992. Pursuant to
35 Ill. Ad. Code 104.180(a), the Agency recommendation is to be
filed with the Pollution Control Board within 30 days “of the
filing of the petition”. The recommendation was therefore due to
be filed on November 7, 1992. This motion and the recommendation
were filed 56 days after the petition was filed, and are 26 days
late.
The Board is concerned about the delay in filing this
recommendation. 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 recommendation in
reaching its decision, the Agency’s motion to allow filing of the
recommendation instanter is hereby granted.
IT IS SO ORDERED.
I, Dorothy 14. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certfy that the above order was adopted on the
J7~day of
___________________,
1992, by a vote of
7_-&
~Dorothy 14. Gu~p~,Clerk
)‘L
Illinois Pol~ion Control Board
0138-0 135