ILLINOIS POLLUTION CONTROL BOARD

December 2, 1993

HERRIN MUNICIPAL LANDFILL,

)

Petitioner,

v.

)

PCB 93—195

)

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

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

This matter comes before the Board on a November 29, 1993,

motion to file the record instanter filed by the Illinois

Environmental Protection Agency (Agency). This petition was filed

with the Board on October 20, 1993, and the Agency asserts that it

received notice of the petition on October 21, 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 November 4,

1993. This motion and the record were filed 38 days after the

Agency received notice of petitioner’s appeal, and are 24 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 and the

motion to correct the caption are hereby granted.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above order was adopted on the

_____

day of ______________________, 1993, by a vote of ~

A7

-

/

4

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board