SLILSIMUSS
    L~ULILUTSON
    CONTROL
    BOARD
    September 21, 1995
    CARL
    AND
    EDNA BALL,
    d/bfa/
    )
    C
    & E RECYCLING AND RESOURCE
    )
    RECOVERY,
    Petitioners,
    P08 95-182
    v.
    )
    (Permit Appeal-Land)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by G.
    T. Girard):
    On August 31,
    1995,
    the Board received an “Emergency Motion
    for Entry of Default and Sanctions” filed by the petitioners.
    Phe petitioners
    filed the motion seeking sanctions duc to
    the
    Illinois Environmental Agency’s (Agency) failure to file the
    record in this natter.
    On September 6,
    1995, the Board received
    a request to withdraw the motion for sanctions and entry of
    default.
    The Board will allow petitioner to withdraw the motion.
    On September 8,
    1995, the Agency filed a motion to file the
    record instanter accompanied by the Agency record.
    The petition
    was filed with the Board on June 22,
    1995, and the Agency asserts
    that it received notice of the petitions on June 26,
    1995.
    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 July 10,
    1995.
    This motion and the record were filed 72
    days after the Agency received notice of petitioner’s appeal, and
    the record is 58 days late.
    The Board is particularly concerned
    that the record was filed only one business day prior to hearing
    which was held on september 11,
    1995.
    The Agency’s motion to allow filing of the Agency record
    instanter is hereby granted.
    The Board notes that all parties
    would be better served if in future cases the Agency would file a
    timely motion requesting extension of time to file the record.
    IT IS SO
    ORDERED.
    I,
    Dorothy M. Gunn,
    Clerk of the
    Illinois Pollution Control
    Board, hereby cert~fy~hatthe above order was adopted on the
    ~/~‘~4-
    day of
    ~
    ,
    1995,
    by a vote of
    7c)
    /1
    ~L.
    Dorothy ~
    Gunn,
    Clerk
    I1linoi~Pollution Control Board
    ‘I

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