ILLINOIS POLLUTION CONTROL BOARD
March 11,
1992
KELLY-WILLIAMSON COMPANY,
)
Petitioner,
)
v.
)
PCB 92—10
)
(Underground Storage Tank Fund
Reimbursement Determination)
)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by J.C.
Marlin):
This matter comes before the Board on a March
5,
1992 motion
to file the record instanter filed by the Illinois Environmental
Protection Agency (Agency).
This petition was filed with the Board
on
or
about
January
9,
1992,
and the
Agency
asserts
that
it
received notice of the petition on January 8,
1992.
Pursuant to 35
Ill. Adm. Code 105.102 (a) (4), the Agency Record is to be filed with
the Pollution Control
B~oardwithin
14 days
“upon notice of the
petition”.
This motion was filed 28 days after the Agency received
notice of petitioner’s appeal
and
is
14 days late.
The Agency
states that it believes no prejudice has occurred to petitioner due
to the delay.
The Agency’s 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
Boar~hereby certify ~t
the above Order was adopted on the
//‘~
day of
_______________________,
1992, by a vote of
7-C
111mb
Control Board
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