ILLINOIS POLLUTION CONTROL BOARD
June 8,
1995
ESG WATTS,
INC., an Iowa
)
Corporation,
PCB
94—243
Petitioner,
)
94-306
)
94—307
v.
)
94—308
)
94—309
ILLINOIS ENVIRONMENTAL
)
95-13 3
PROTECTION AGENCY,
)
95—134
(Consolidated)
Respondent.
)
(Permit Appeals
-
Land)
ORDER OF THE BOARD
(by G.
T.
Girard):
This matter comes before the Board on motion to file the
record instanter filed by the Illinois Environmental Protection
Agency
(Agency) accompanied by the Agency record in PCB 95-133
and PCB 95-134.
The petitions for appeal were filed with the
Board on April
18,
1995, and the Agency asserts that it received
notice of the petitions on April
19,
1995.
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 records were therefore due to be filed on May 3,
1995.
This motions and the records were filed
44 days after the
Agency received notice of petitioner’s appeal, and the record is
30 days late.
The Agency’s motion to allow filing of the Agency record
instanter is hereby granted.
The Board notes that all parties
would be better served if in future cases the Agency would file a
timely motion requesting extension of time to file the record.
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the
Illinois Pollution Control
~
hereby certf
that the above order was adopted on the
~
~-
day of
____________________,
1995,
by a vote of
7
~
Ii
Control Board