ILLINOIS POLLUTION CONTROL BOARD
    July 26, 2001
     
     
    MAC INVESTMENTS, d/b/a OLYMPIC
    OLDSMOBILE,
     
     
    Petitioner,
     
     
    v.
     
    OFFICE OF THE STATE FIRE MARSHAL,
     
     
    Respondent.
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    PCB 01-129
    (UST-Appeal)
     
     
    ORDER OF THE BOARD (by S.T. Lawton):
     
     
    On July 9, 2001 the People of the State of Illinois (People), on behalf of the Office of the
    State Fire Marshal (OSFM), filed with the Board a motion to file
    instanter
    the OSFM record of
    decision. This matter involves the appeal by Mac Investments, d/b/a Olympic Oldsmobile (Mac
    Investments), of an OSFM determination concerning its eligibility and deduction for the
    reimbursement of costs associated with removing six underground storage tanks. Mac
    Investments alleges that it should not have to pay an additional $15,000 deductible for a sixth
    underground storage tank at its facility, located at 3350 North Cicero Avenue in Chicago, Cook
    County, Illinois. The Board grants the motion to file the record
    instanter
    for the reasons below.
     
     
    The Board regulations require the OSFM to file its entire record of decision within 30
    days after the filing of the petition for review. 35 Ill. Adm. Code 105.116. Mac Investments
    filed its petition for review on March 19, 2001. The Board regulations and April 5, 2001 Board
    order required the OSFM to file its entire record in this matter no later than April 18, 2001. The
    Board adopted an order on June 21, 2001, that found the OSFM had not complied with the April
    5, 2001 order and Board regulations requiring it to file the record by April 18, 2001. The Board
    ordered the OSFM to file the record by no later than July 6, 2001.
     
     
    On July 9, 2001, the People, on behalf of OSFM, filed a motion to file the record
    instanter
    . The People allege that, due to an absence from the office, it was not able to comply
    with the Friday deadline of July 6, 2001. An attached exhibit showed that the People received
    the June 21, 2001 Board order during the time of the absence. Exhibit A. The Board grants the
    motion to file
    instanter
    and accepts the OSFM record in this matter.
     
    IT IS SO ORDERED.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
    above order was adopted on the 26th day of July 2001 by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

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