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

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