ILLINOIS POLLUTION CONTROL BOARD

January 11, 1995

NONEE AUTO BODY,

)

)

Petitioner,

)

V.

)

PCB 94—372

)

(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 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 December 5,

1994, and the Agency asserts that it received notice of the

petition on December 8, 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 December

22, 1994. This motion and the record were filed 26 days after

the Agency received notice of petitioner’s appeal, and the record

is 12 days late.

The Agency’s motion to allow filing of the Agency record

instanter is hereby granted.

IT IS SO ORDERED.

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Board, hereby cer fy that the above order was adopted on the

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day of

___________________,

1995, by a vote of

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C’

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Dorothy N. ,G~inn, Clerk

Illinois P~!lution Control Board