ILLINOIS POLLUTION CONTROL BOARD

November 4,

1993

WILNER

BROCKMAN,

JR.

and

)

FIRST NIDWEST

BANK

OF JOLIET

)

AS TRUSTEE UNDER TRUST NO.

757,

)

)

Petitioner,

)

v.

)

PCB 93—162

)

(Permit

Appeal)

ILLINOIS ENVIRONNENTAL

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD

(by G.

T. Girard):

This matter

comes before the Board

on

a October

22,

1993,

motion

to

file

the

record

instanter

filed

by

the

Illinois

Environmental

Protection

Agency

(Agency)

and

November

2,

1993

motion to correct the caption on the Agency record.

This petition

was filed with the Board on August 31, 1993, and the Agency asserts

that

it received notice

of

the petition on September

1,

1993.

Pursuant to 35

Ill. Adm. Code 105

•

102 (a) (4), the Agency record is

tobe filed with the Pollution Control Board within 14 days “upon

notice of the petition”.

The record was therefore due to be filed

on September 14,

1993.

This motion and the record were filed 52

days after the Agency received notice of petitioner’s appeal, and

are 38 days late.

The Board is concerned about the significant delay in filing

this record, which resulted in a hearing scheduled for October 22

to be cancelled.

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 and

the

motion to correct the caption are hereby granted.

IT IS SO ORDERED.

I, Dorothy N.

Gunn,

Clerk of the Illinois Pollution Control

Board, her b

certify that the above order was adopted on the

_____

day of

___________________,

1993, by a vote of

~

—O

.

‘1~orothyM.

G).th~, Clerk

Illinois Pol19~tionControl Board