ILLINOIS POLLUTION CONTROL BOARD
July 22, 1993
FIATALLIS NORTH AMERICA,
)
INC.,
Petitioner,
v.
)
PCB 93—108
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD (by N. Nardulli):
This matter comes before the Board on a July 8, 1993, motion
to file the record instanter filed by the Illinois Environmental
Protection Agency (Agency). Petitioner’s appeal of the Agency’s
decision was filed with the Board on June 7, 1993, and the Agency
received notice on June 8, 1993. Pursuant to 35 Ill. Adm. 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 22, 1993. This motion
and the record were filed 30 days after notice, and are 16 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, as the Act requires the
Board to consider the record in reaching its decision, the Agency’s
motion to allow filing of the record instanter is hereby granted.
IT IS SO ORDERED.
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby .~certifythat the above order was adopted on the I:
day of
_______
____________,
1993, by a vote of
7:’
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7’
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Dorothy M. Guflñ, Clerk
Illinois Po11~ition Control Board