ILLINOIS POLLUTION CONTROL BOARD
March 25,
1993
HEITZLER SERVICES, and
)
PEARL HEITZLER,
)
)
Petitioners,
)
V.
)
PCB 93—30
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by J. Anderson):
On March 15,
1993, the Illinois Environmental Protection
Agency’s
(Agency)
filed the Agency’s record and a motion to file
the record instanter.
This petition was filed with the Board on
February 17,
1993.
The Agency states that it received notice of
the petition on February 16,
1993.
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,
1993.
This motion and the
record were filed 27 days after the Agency received notice of
petitioner’s appeal and are 13 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
Bo~rd,hereby certify that the above order was adopted on the
~
~
day
of
r~7~
ci-~t_-.L-’
,
1993,
by
a
vote
of
~
-
0
/71
(~‘~t~1
~L.
Dorothy M.
G~X~’n,Clerk
Illinois Pol2Aition Control Board
01
~O-O239