ILLINOIS POLLUTION CONTROL BOARD

January 7, 1993

ILLICO

INDEPENDENT OIL COMPANY,

Petitioner,

v.

PCB 92—173

(Underground Storage

ILLINOIS ENVIRONMENTAL

)

Fund

Reimbursement

PROTECTION EN,

)

Determination)

Respondent.

)

ORDER

OF

THE BOARD (by J. Theodore Meyer):

This matter is before

the

Board

on

a Deosaber 22,

1992

mOtion to file the record instanter, filed

by the

Illinois

Environmental Protection

Agency (Agency). This petition

was

filed with the

Board on November 5, 1992, and the Agency. states

that it

received notice of

the

petition

on November 36, 1992.

Pursuant to 35 Ill. Adin. Code 105.102(e)

(4),

the Agency record

is

to

be

filed

with the Pollution Control Board within

14

days

~on

notice of

the

petition”.

The

record was therefore due to be

filed on November 30, 1992. This motion

and the

record

were

filed 36 days after

the

Agency received notice of petitioner’s

appeal, and are 22 days late.

The

Board is concerned

about

the delay

in filing

this

record. The Board also

notes with

concern th. absence

of any

eirlier motion requesting an extension of

time.

However,- beca~.

the Agency’s record is necessary for

the

decision of thiS

proceeding, the motion to allow filing of the Agency rsóord

instanter

is

hereby granted.

IT IS SO

ORDERED.

I, Dorothy M.~ Gunn,

Clerk of

the

IllinoiS Pollution

control

Boa~, hereby car

y

that

the

above order

was adopted on

the

7~

day of

_________________,

1993, by a vote of ~

I’

Control Board

0138-0291