ILLINOIS POLLUTION CONTROL BOARD
    December 17, 1992
    EDWARDS—ETHERTON OIL
    COMPANY,
    INC.,
    )
    )
    Petitioner,
    )
    v.
    )
    PeE 92—168
    )
    (Underground Storage Tank Fund
    Reimbursement Determination)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by J. C. Marlin):
    This matter comes before the Board on a December 7, 1992
    motion to file the record instanter filed by the Illinois
    Environmental Protection Agency (Agency). This petition was filed
    with the Board on November 4, 1992, and the Agency asserts that it
    received notice of the petition on November 9, 1992. 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
    23, 1992. This motion and the record were filed 28 days after the
    Agency received notice of petitioner’s appeal, and are 14 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. The Agency’s 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 certj.fy that the above order was adopted on the
    j7~day of
    ___________________,
    1992, by a vote of
    7—ó
    Dorothy M. 9~inn, Cletk
    Illinois PQ3flution Control Board
    0138-01149,

    Back to top