ILLINOIS POLLUTION CONTROL BOARD
July 1, 1993
GRIFFIN SERVICE,
)
Petitioner,
)
v.
)
PCB 93—104
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD (by B. Forcade):
This matter is before the Board on a June 28, 1993
motion to file the record instanter, filed by the Illinois
Environmental Protection Agency (Agency). The petition was
filed with the Board on May 24, 1993, and the Agency states
that it received notice of the petition on May 26, 1993.
Pursuant to 35 Ill. Adin. 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 June 9, 1993. The record was filed 33 days after the
Agency received notice of petitioner’s appeal, and is 19 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 M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby cert that the above order was adopted on the
~
day of
___________________,
1993, by a vote of
7—~)
Dorothy N. G~4~n,Clerk
Illinois Po1t~rution Control Board