ILLINOIS POLLUTION CONTROL BOARD

December 17, 1992

SHELL OIL COMPANY,

Petitioner,

v.

)

PCB 92—154

)

(Underground Storage Tank

Fund

Reimbursement Determination)

)

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD (by G. T. Girard):

This matter comes before the Board on a December 11, 1992

motion to file the record instanter filed by the Illinois

Environmental Protection Agency (Agency). This petition was filed

with the Board on October 19, 1992, and the Agency asserts that it

received notice of the petition on October.19, 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 2,

1992. This motion and the record were filed 53 days after the

Agency received notice of petitioner’s appeal, and are 39 days

late.

The Board is concerned about the significant 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 Agency record in making its

decision, 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 certify that the above order was adopted on the

17ZZ

day of

___________________,

1992, by a vote of

7—a

~U.

‘—l5orothy N. p~nn, Clerk

Illinois P4~4ution Control Board

0138-0137