ILLINOIS POLLUTION
    CONTROL BOARD
    March7,
    1996
    BFI MODERN LANDFILL #1 & #2,
    )
    )
    Petitioner,
    )
    )
    PCB 96-86
    v.
    )
    (Permit Appeal
    -
    Laud)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by M. McFawn):
    On February27,
    1996,petitioner BFI Modem Landfill #1
    & #2 (BFI) filed a “Motion to
    Compel Filing of
    Permit Record,” seeking to compel respondent Illinois Environmental
    Protection Agency (Agency) to file its administrative record in this matter no later than March
    1,
    1996.
    BFI states that ahearing has been scheduled in this matter for March 28,
    1996, and that it
    needs access to the record to adequatelyprepare for hearing.
    Subsequently, the Agency filed its record on February29,
    1996, accompanied by a
    motion to file instanter.
    Pursuant to
    35
    Ill. Adm. Code 105.102(a)(4), the Agency must file its
    record within
    14 days upon notice of the petition.
    The Agency states that it received notice of
    the petition in this matter on December 26,
    1995, and the record was therefore due to be filed on
    January 9,
    1996.
    The Agency states that it was unable to complete preparation of the record prior
    to this time dueto the press ofAgency business.
    The Agency’s motion to file its record instanter is granted, andBFI’s motion to compel
    filing of the record is therefore denied as moot.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk~f’j.he
    Illinois Pollution Control Board, hereby certify that the
    above order was adopted on the
    /
    “S’
    day of
    27-,
    a,c-cLJ,
    1996, by a vote of
    Dorothy M. GyrI/i, Clerk
    Illinois Pollut96
    ControlBoard

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