ILLINOIS POLLUTION CONTROL BOARD
June 23,
1992
GALESBURG COTTAGE HOSPITAL,
)
)
Petitioner,
)
v
)
PCB 92—62
)
(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 12,
1992 motion
to file the record instanter filed by the Illinois Environmental
Protection Agency
(Agency).
This petition was filed with the
Board on April 27,
1992,
and the Agency asserts that it received
notice of the petition on April 27,
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 11,
1992.
This motion and the record were filed 45 days after the
Agency received notice of petitioner’s appeal, and are 31 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.
However, as
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
Boaçd,. hereby cert
that the above order was adopted on the
~
7~dayof
____________________,
1992,
by a vote of
7~
j7)
~
~Dorothy N. G~nn,Clerk
Illinois Pol4ution Control Board
134—35
I