ILLINOIS POLLUTION CONTROL BOARD

November 3, 1994

MARION PEPSI COLA,

)

Petitioner,

)

V.

)

PCB 94—255

(UST-Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD: (by E. Dunham):

This matter is before the Board on an October 24, 1994

motion to file the record instanter, filed by the Illinois

Environmental Protection Agency (Agency). The Agency also filed

a motion to supplement the record on October 28, 1994.

Pursuant to 35 Iii. Adin. 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 Agency states that it

received notice of the petition on September 23, 1994. The

record was therefore due to be filed on October 7, 1994. The

Agency filed the record 31 days after the Agency received notice

of petitioner’s appeal, and is 17 days late.

The Board is concerned about the delay in filing

this record. However, because the Agency’s record is necessary

for the decision of this proceeding, the motion to file the

Agency record instanter is hereby granted.

The Agency requests that 15 documents be added to the

Agency’s record. The Agency states that upon further review of

the record it was discovered that an additional set of documents

relevant to this matter existed but were not made part of the

record. The Board grants the motion to supplement the record.

IT IS SO ORDERED.

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

Bg1ard,, hereby ceriify that the above order was adopted on, the

j((~~~

day of

______________________, 1994, by a vote of ~

c

Dorothy

4--t~~”

M. G)2~, Clerk

Illinois Pollution Control Board