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

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