ILLINOIS POLLUTION CONTROL BOARD
    June
    23,
    1992
    KEAN
    OIL CO.,
    )
    Petitioner,
    )
    V.
    )
    PCB 92—60
    )
    (Underground Storage Tank Fund
    Reimbursement Determination)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before the Board on a June
    15,
    1992 motion
    to file the record instanter filed by the Illinois Environmental
    Protection Agency (Agency).
    This petition was filed with the
    Board on April 23,
    1992,
    and the Agency asserts that it received
    notice of the petition on April 28,
    1992.
    Pursuant to 35 Ill.
    Adm. Code 105.102(a) (4), the Agency record is to be filed with
    the Pollution Control Board within 14 days “upon notice of the
    petition”.
    The record was therefore due to be filed on May 12,
    1992.
    This motion and the record were filed 47 days after the
    Agency received notice of petitioner’s appeal,
    and are 33 days
    late.
    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.
    Because the
    Act requires the Board to consider the Agency record in making
    its decision, 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
    Board4 hereby cert~ifythat the above order was adopted on the
    ~—~5~L.c~(
    day of
    ,
    1992, by a vote of
    7-~
    ~
    ~
    ~/‘)
    )
    /.
    (
    ~
    ~Dorothy
    M. G~inn,Clerk
    Illinois Pol’iution Control Board
    I
    34
    —349

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