ILLINOIS POLLUTION CONTROL BOARD
March 11,
1993
RTC INDUSTRIES,
INC.
)
Petitioner,
v.
)
PCB 93—28
(UST Fund)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by B. Forcade):
This matter
is before the Board on a March 8,
1993
motion to file the record instanter,
filed by the Illinois
Environmental Protection Agency (Agency).
The petition was
filed with the Board on February 10,
1993,
and the Agency states
that it received notice of the petition on February 16,
1993.
Pursuant to 35 Ill.
Adin.
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 March 2,
1993.
This motion and the record were
filed 20 days after the Agency received notice of petitioner’s
appeal, and are
6 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,
because the Agency’s record is necessary for the decision of this
proceeding, the motion to allow filing of the Agency record
instanter is hereby granted.
IT IS SO ORDERED.
I,
Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
//i~’
day of
~‘Y~) L~4_~~JL/
,
1993,
by a vote of
~O.
/~
~Dorothy
M. Giix~, Clerk
Illinois Po4jXition Control Board
01140-0071