ILLINOIS POLLUTION CONTROL BOARD

September

8,

1983

BROWNING—FERRIS INDUSTRIES

)

OF IOWA,

Petitioner,

PCB

83—85

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent,

ORDER OF THE BOARD

(by J. Anderson):

On August

4,

1983 the Agency moved for leave to file the

record

(due to he filed July 28,

1983) instanter.

On

September

8,

Browning—Ferris moved for dismissal

of this action

and for entry of judgment in its favor, based on the Agency’s

untimely filing of this record.

The Agency’s motion is granted,

and Browning-Ferris’ motion

is denied.

The Environmental Protection Act does not speak to

the time of filing of the Agency record in a permit appeal.

The

time for filing is, however, prescribed by the Board in 35

Iii.

Mm.

Code 105.102(a)(4),

The Board can, of course, waive its

own procedural

requirements, and sees no reason not to do so here.

Browning-Ferris has not even alleged that any material prejudice

will flow from Board acceptance of this late filing,

let alone

making a showing to support entry of

a “default judgment”.

IT IS SO ORDERED.

Board Member J.T,

Meyer dissented.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was adopted

on the

2~

day ~

,

1983 by a vote of

‘/-/

Christan L. Mof~~t,Clerk

Illinois Pollution Control Board