ILLINOIS POLLUTION CONTROL BOARD
January
11,
1995
RUSS’ SERVICE
AND
TOWING,
)
)
Petitioner,
)
v.
)
PCB 94—305
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by R.
C.
Flemal):
This matter comes before the Board on an Agency motion to
file the record instanter filed by the Illinois Environmental
Protection Agency (Agency) accompanied by the Agency record in
this case.
This petition was filed with the Board on October 21,
1994,
and the Agency asserts that it received notice of the
petition on October 22,
1994.
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
5,
1994.
This motion and the record were filed 52 days after the
Agency received notice of petitioner’s appeal, and the record is
38 days late.
The Agency’s motion to allow filing of the Agency record
instanter is hereby granted.
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby cert
y that the above order was adopted on the
//-tz
day of
-
,
1995, by a vote of
~‘
0
‘c~C~~
/(.
/~~\~/
Dorothy M. ~&inn,Clerk
Illinois Pc~llutionControl Board