ILLINOIS POLLUTION CONTROL BOARD

December 1, 1994

CHARLES GATWOOD,

Petitioner,

v.

)

PCB 94—280

(UST Fund)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

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

This matter comes before the Board on a November 18, 1994,

motion to file the record instanter filed by the Illinois

Environmental Protection Agency (Agency). This petition was

filed with the Board on October 4, 1994, and the Agency asserts

that it received notice of the petition on October 3, 1994.

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 October 17, 1994. This motion and the record were filed

46 days after the Agency received notice of petitioner’s appeal,

and is 32 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 certify that the above order was adopted on the

/ ‘~

day of

____________________,

1993, by a vote of

7 ~-

Dorothy !4.thinn, Clerk

Illinois 1~llutionControl Board