ILLINOIS POLLUTION CONTROL BOARD
July
22,
1993
EMRO MARKETING,
Petitioner,
V.
)
PCB 93—122
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by J. Anderson):
On July 12,
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
June 21,
1993,
and the Agency states that it received notice of
the petition on the same date.
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 July
2,
1993.
This motion and the
record were filed 21 days after the Agency received notice of
petitioner’s appeal and are 7 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 N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
~
day of
/
1
,
1993,
by a vote of
/
-
/
Dorothy N.
Gunr’, Clerk
Illinois Pol1u~ionControl Board