ILLINOIS POLLUTION CONTROL BOARD
    October 20,
    1994
    SAFETY-KLEEN DOLTON RECYCLE
    )
    CENTER,
    Petitioner,
    v.
    )
    PCB 93—205
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    G. T
    *
    Girard):
    This matter is before the Board on a October
    17,
    1994,
    Notion to file the record instanter,
    filed by the Illinois
    Environmental Protection Agency (Agency).
    This petition was
    filed with the Board on November 1,
    1993, and the Agency states
    that it received notice of the petition on November 3,
    1993.
    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 November 17,
    1993.
    The Agency explains in the instant motion that the
    petitioner (Safety—Kleen) has approximately fifteen separate
    appeals pending before the Board.
    Most of these permit appeals
    have several issues of law and fact in common according to the
    Agency.
    During the past year, the Agency and Safety-Kleen have
    engaged in numerous attempts to settle all of the pending permit
    appeals.
    The Agency further states that the instant case is the
    only case which did not contain common issues of law and fact in
    relation to the other pending appeals.
    The Agency record, which
    is voluminous, was not filed during the settlement negotiations
    because both parties believed that the instant appeal could be
    resolved and, if resolved, the record would not need to be filed
    with the Board.
    The Agency states that petitioner’s counsel has
    been fully informed concerning the Agency record and has no
    objection to granting this motion.
    In light of the fact that the petitioner does not object,
    the Board hereby grants the Agency motion to file the record
    instanter.
    However,
    in the future, the Board instructs the
    Agency to file a request for stay of the proceeding or other
    appropriate motion, such as a motion for extension of time.
    In
    this case the Board had no way of knowing that this record was
    voluminous, that the parties were negotiating, or that there were
    extenuating circumstances which precluded a timely filing of the
    Agency record.
    2
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control Board, hereby
    cer
    fy
    that the above order was adopted on the ,~h
    day of
    ____________________,
    1994,
    by a vote of
    ~
    /
    / ~
    ~4-
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    -
    Ddrothy N. G~in,Clerk
    Illinois Pollution Control Board

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