ILLINOIS POLLUTION CONTROL BOARD
    May 5,
    1993
    LEGG
    AND
    SONS OIL COMPANY,
    )
    Petitioner,
    )
    v.
    )
    PCB 92—214
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    This matter is before the Board on a Nay
    3,
    1993 motion to
    clarify the record,
    filed by petitioner Legg and Sons Oil Company
    (Legg)
    .~
    Legg notes that on April
    22,
    1993, the Board issued an
    order granting the Illinois Environmental Protection Agency’s
    (Agency) motion to file the record instanter.
    In that April
    22
    order, the Board noted that the Agency stated that the petition
    for review was filed on December 29,
    1992,
    but that the Agency
    did not receive notice of the petition until February
    2,
    1993.
    In granting the motion to file instanter,
    the Board noted the
    significant delay in filing the record,
    and also noted that the
    Agency has not provided any explanation for the delay between the
    filing of the petition with the Board, and the Agency’s receipt
    of that petition.
    Legg now points out that counsel for the Agency filed an
    appearance in this case on January 11,
    1993,
    so that the Agency
    must have received notice of the petition prior to February
    2,
    1993.
    Legg contends that the Agency’s representation of the date
    that it received the petition has misled the Board and cast Legg
    and its attorneys in an unfavorable
    light.
    Thus,
    Legg asks that
    the Board amend its April
    22 order to clarify this situation.
    The record in this case does show that the Agency attorney
    filed his appearance on January 11,
    1993.
    Thus, the Agency must
    have received notice of the petition prior to that date.
    Legg’s
    motion to clarify the record is granted.
    IT IS SO ORDERED.
    The Board recognizes that the response period has not yet
    expired, but will grant this motion without waiting for a response
    in order to prevent undue delay.
    (35 Il1.Adm.Code 101.241(b).)
    01 L~2-Q035
    2
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    /~5~—
    day of
    ______________________,
    1993,
    by a vote of
    5
    -
    7?
    ~.
    Dorothy N. p)~tnn, Clerk
    Illinois P~”1ution Control Board
    0! ~-uO36

    Back to top