ILLINOIS POLLUTION CONTROL BOARD

December 2, 1993

EDGEWATER BEACH APARTMENTS

CORPORATION,

Petitioner,

v.

)

PCB 93—183

(UST Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by M. Nardulli):

This matter is before the Board on a petition for review

filed by petitioner Edgewater Beach Apartments Corporation

(Edgewater) on October 6, 1993, seeking review of the Illinois

Environmental Protection Agency’s denial of reimbursement of

costs from the Underground Storage Tank Fund. On November 5,

1993, Edgewater filed an amended petition and the Agency received

notice on November 8, 1993. 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

22, 1993. This motion and the record were filed 23 days after

notice, and are 9 days late.

The Board is concerned about the delay in filing this

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

earlier motion requesting an extension of time. However, as the

Act requires the Board to consider the record in reaching its

decision, the Agency’s motion to allow filing of the record

instanter is hereby granted.

IT IS SO ORDERED.

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

Board, hereby cery,ify that the above order was adopted on ~he

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day of

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,

1993, by a vote of ~

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~Dorothy M. GÜnn, Clerk

Illinois Pollution Control Board