ILLINOIS POLLUTION CONTROL BOARD

January 20, 1994

VILLAGE OF HODGKINS,

)

Petitioner,

)

V.

)

PCB 93—230

)

(UST Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by N. Nardulli):

This matter is before the Board on a January 14, 1994, motion

to file the record instanter filed by the Illinois Environmental

Protection Agency (Agency). Petitioner’s amended appeal of the

Agency’s decision was filed with the Board on December 13, 1993,

and the Agency received notice on that same day. 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 December

28, 1993. This motion and the record were filed 32 days after

notice, and are 18 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 N. Gunn, Clerk of the Illinois Pollution Contyol

Board,

he~ei~ycertify that the above order was adopted on the ~

~

day of

~

,

1994, by a vote of

7—(

~~

~

~Dorothy

M. Gur~h, Clerk

Illinois Pollution Control Board