ILLINOIS POLLUTION CONTROL BOARD
    September
    1,
    1994
    WILNER BROCKNAN,
    JR. AND FIRST
    MIDWEST BANK/ILLINOIS, AS
    )
    TRUSTEE UNDER TRUST NO. 757,
    )
    Petitioner,
    v.
    )
    PCB 94—207
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by G.
    T. Girard):
    Petitioner filed a motion to stay decision on August
    11,
    1994.
    The Board notes that petitioner has received a stay in a
    related case before the appellate court pending the outcome of
    this case.
    (See WilTner Brockman, Jr.
    and First Midwest Bank of
    Joliet v. IEPA and IPCB,
    No.
    3-94-0175
    (3rd Dist.)
    (August 22,
    1994).)
    Therefore,
    the motion to stay this proceeding is denied
    and the Board will proceed in this matter.
    On August
    4,
    1994 the Illinois Environmental Protection
    Agency (Agency)
    filed a motion to file the record instanter.
    The
    Board notes that this petition was filed with the Board on August
    2,
    1994,
    and the Agency asserts that it received notice of the
    petition on that same day.
    Pursuant to 35
    Ill. Adm. Code
    105.102(a) (4),
    tI~eAgency 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 August
    16,
    1994.
    This motion and the record were filed
    22 days after
    the Agency received notice of petitioner’s appeal, and are 8 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.
    2
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Boa~d,hereby certify that the above order was adopted on the
    /~-
    day of
    -~‘
    •/~-
    ,
    1994,
    by a vote of
    ~
    /~
    /~
    Dorothy M. 9~nn,C1&i~k
    Illinois Pollution Control Board

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