ILLINOIS POLLUTION CONTROL BOARD

September 1, 1994

FREEMAN UNITED COAL MINING

)

COMPANY,

)

Petitioner,

)

v.

)

PCB 94—194

)

(Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by G. T. Girard):

This matter comes before the Board on

a

motion by the

Illinois Environmental Protection Agency (Agency) to file the

Agency recommendation instanter. This petition was filed with

the Board on July 15, 1994, and the Agency asserts that it

received notice of the petition on July 18, 1994. Pursuant to 35

Ill. Adm. Code 104.180(a), the Agency recommendation is to be

filed with the Pollution Control Board within 30 days of the

filing of the petition. The recommendation was therefore due to

be filed on August 15, 1994. This motion and the record were

filed 40 days after the Agency received notice of petitioner’s

appeal, and are 10 days late.

The Board is concerned about the significant delay in filing

this record. The Board also notes with concern the absence of

any earlier motion requesting an extension of time. 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 certify that the above order was adopted on the

/~-.

day of

~

,

1994, by a vote of

~~(~j)

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R

~

Dorothy M. G~nn, Clerk

Illinois Pollution Control Board