ILLINOIS POLLUTION CONTROL BOARD
March 26,
1992
NICOR NATIONAL ILLINOIS,
INC.,
)
)
Petitioner,
)
v.
)
PCB 91-16
)
(Permit Appeal)
ILLINOIS ~ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by J. Anderson):
This matter comes before the Board on a March 12,
1992
motion to file the record instanter filed by the Illinois
Environmental Protection Agency (Agency).
This petition was
filed with the Board on or about January 23,
1991, and the Agency
asserts that it received notice of the petition on January 25,
1991.
Pursuant to 35
Ill.
Athu.
Code 105.102(a) (4), the Agency
record is to be filed with the Pollution Control Board within 14
days “upon notice of th~petition”.
This motion and the record
were filed 47 days after the Agency received notice of
petitioner’s appeal and is 33 days late.
The Agency stated that
it believes no prejudice has occurred to petitioner due to the
delay.
Apart from the question of whether the petitioner is
prejudiced,
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 N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the.
~ day of
~
~—u_~2-’
,
1992 by a vote of
Illinois
,
Clerk
llution Control Board
13 1—467