ILLINOIS POLLUTION CONTROL BOARD
April 23,
1992
BORDEN CHEMICALS & PLASTICS
)
OPERATING LIMITED PARTNERSHIP,
)
)
Petitioner,
PCB 91—200
V.
)
(Permit Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by J. Anderson):
This matter comes before the Board on an April 16, 1992 motion
to file the record instanter filed by the Illinois Environmental
Protection Agency (Agency).
This petition was filed with the Board
on October 23,
1991,
and the Agency asserts that counsel
for the
Agency was assigned this permit appeal when he was employed on
February
18,
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”.
This motion and the
record were
filed
176 days after the Agency received notice
of
petitioner’s appeal, and is 162 days late.
There is an open waiver
on
the
decision
deadline,
and
a
hearing
date
has
not
been
scheduled.
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.
The Agency’s
motion to allow filing of the Agency record
instanter is hereby
granted.
IT IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby~çertif that the above order was adopted on the ~
day of
____________________,
1992, by a vote of
7~
‘7
(7?
7/
Dorothy M. ,~tinn, Clerk
Illinois Pà~tlutionControl Board
133—141