ILLINOIS POLLUTION CONTROL BOARD
    March 26,
    1992
    VILLAGE OF LINCOLNWOOD,
    A MUNICIPAL CORPORATION,
    )
    Petitioner,
    v.
    )
    PCB 91—83
    )
    (Underground Storage Tank Fund
    ILLINOIS’ ENVIRONMENTAL
    )
    Reimbursement Determination)
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by M. Nardulli):
    This matter comes before the Board on a March
    13,
    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 May 20,
    1991,
    and the Agency
    asserts that it received notice of the petition on May 22,
    1991.
    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”.
    This motion and the record were filed
    296 days after the Agency received notice of petitioner’s appeal
    and is 282 days late.
    The Agency stated that it believes no
    prejudice has occurred to petitioner due to the delay.
    Apart from the question of whether the petitioner is
    prejudiced,
    the Board
    is concerned about the very substantial
    delay in filing this record.
    The Board also notes with concern
    the absence of any earlier motion requesting an extension of
    time.
    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
    Board, bereby certify~hatthe ,above Order was adopted on the
    ~
    day of
    ~.2
    IT
    ~
    ,
    1992, by a vote of
    //
    /
    /
    ~
    ~
    //
    i~
    Dorothy M. ~unn, Clerk
    Illinois RÔllution Control Board
    131—469

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