III

NOT

J:)OIUJT ION CONTROL BOANI)

August

26,

1993

NAT

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ONAI. COATINGS,

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v.

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PCB 93—128

(Permit

Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTiON AGENCY,

Respondent.

ORDER OF THE BOARD (by G. T. Girard):

This matter comes before the Board on a August 11, 1993

motion to file the record instanter filed by the Illinois

Environmental Protection Agency (Agency). This petition was

filed with the Board on July 7, 1993, and the Agency asserts that

it received notice of the petition on July 7, 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 July

21, 1993. This motion and the record were filed 35 days after

the Agency received notice of petitioner’s appeal, and are 21

days late.

The Board is concerned about the significant delay in filing

this record. The Board also notes with concern the absence of

any earlier motion requesting an extension of time. The Agency’s

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)~fythat the above order was adopted on the

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day of

/Je-

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,

1993, by a vote of ~

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Dorothy

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M. G3x~1n,

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Clerk

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Illinois Pollution Control Board