CITY OF ROODHOUSE,
Petitioner,
V.
ILLINOIS ENVIRONNENTAL
PROTECTION AGENCY,
Respondent.
ILLINOIS POLLUTION CONTROL BOARD
April 8, 1993
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PCB 93-18
PCB 93-19
(UST Fund)
(Consolidated)
ORDER OF THE BOARD (by J. Anderson):
On April 6, 1993, the Illinois Environmental Protection
Agency’s (Agency) filed the Agency’s record and a motion to file
the record instanter. This petition was filed with the Board on
February 2, 1993. The Agency states that it received notice of
the petition on February 2, 1993. Pursuant to 35 Ill. Adm. Code
105.102(a) (4), the Agency record is to be filed with the Board
within 14 days “upon notice of the petition”. The record was
therefore due to be filed on February 16, 1993. This motion and
the record were filed 63 days after the Agency received notice of
petitioner’s appeal and are 49 days late.
The Board is concerned about the delay in filing this
record. The Board also notes with concern the absence of any
earlier motion requesting an extension of time. However, because
the Agency’s record is necessary for the decision of this
proceeding, the motion to allow filing of the Agency record
instanter is hereby granted.
IT IS SO ORDERED.
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Bo,a~., hereby certif~’that the above order was adopted on the
)~‘~day of
_________________,
1993, by a vote of
______
/1
Illinois
/
Control Board
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