ILLINOIS POLLUTION CONTROL BOARD

July

22,

1993

ROCK-OLA MANUFACTURING

)

CORPORATION,

Petitioner,

)

V.

)

PCB 90—24

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by J. Anderson):

On July

1,

1993,

the Illinois Environmental Protection

Agency

(Agency)

filed the Agency’s record and a motion to file

the record instanter.

This petition was filed with the Board on

February 15,

1990, and the Agency states that it received notice

of the petition on February 16,

1990.

Pursuant to 35 Ill.

Adm.

Code 105.102(a) (4), the Agency record

is to be filed with the

Board within

14 days “upon notice of the petition”.

The record

was therefore due to be filed on March

2,

1990.

The Agency asserts that,

as the parties were engaged in

settlement negotiations, the Agency did not assemble and file its

record.

In March 1993, however,

the parties determined that

settlement was not possible.

At that time, the Agency discovered

that a significant portion of the Agency file for Rock-ola’s site

was missing, and that the Agency record was therefore incomplete

and could not be filed with the Board.

The Agency asserts that

the parties have cooperated in replacing or recreating the

missing documents and that record is being submitted as quickly

as possible.

The Board is concerned about the over two year delay in

filing this record, especially in light of the absence of any

earlier motion requesting an extension of time.

However, because

the Agency’s record is necessary for the decision of this

proceeding,

the 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,

J-iereby certify that the above order was adopted on the

~

day of

____________________,

1993,

by a vote. of

~

,~,.

Dorothy M. •~urtn, Clerk

Illinois Pollution Control Board