ILLINOIS POLLUTION CONTROL BOARD
March 11,
1993
PEKIN METRO LANDFILL,
)
)
Petitioner,
V.
)
PCB 92—212
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by J. Anderson):
On March
4,
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
December 28,
1992,
and the Agency states that it received notice
of the petition on December 29,
1992.
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 January 12,
1993.
This motion
and the record were filed 65 days after the Agency received
notice of petitioner’s appeal and are 51 days late.
The Board is concerned about the delay in filing this
record.
The Board also notes with concern 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
hereby certify that the above order was adopted on the
______
day of
_________________,
1993,
by a vote of
_________.
~///~~~I
~
________
Dorothy N. Gu)~,Clerk
Illinois Pol~ytionControl Board
01 ~4OO0ti.7