ILLINOIS POLLUTION CONTROL BOARD

January 7, 1993

BRAUN’S STANDARD SERVICE,

Petitioner,

)

v.

)

PCB 92~1B4

(Und.rground Storage

ILLINOIS ENVIRONMENTAL

)

Tank

Reimbursement

PROTECTION AGENCY,

)

Determination)

)

Respondent.

)

ORDER

OF

THE BOARD (by J

•

C. Marlin):

This matter comes before the Board on a

Decsaber

24, 1992,

motion to file the record instanter filed by the Illinois

Environmental Protection Agency (Agency).

Petitioner’s

appeal 0f

the

Agency’s decision was

filed with

the

Board

on

November

30,

1992. Pursuant to35 Ill. Adm. Code 105.102(a) (4), the Agency

record is to be filed

with

the Pollution

Control

Board within

3.4

days “upon notice of the petition”.

The

record

was

therefore due

to be filed on December 14, 1992. This motion and the record

were filed 24 days after the appeal

was

filed, and are 10 days

late.

The Board is concerned about the delay in tiling 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

record in

reaching its

decision,

the Agency’s motion to allow filing of the r.cord

instanter is hereby granted.

IT IS SO

ORDERED.

I, Dorothy 14.

GUIrn,

Clerk of the Illinois Pollution

Control

Board, hereby certi that

the

above

order

was adopted

on

the

~ day of _____________________, 1993, by a vote of .5~C

~

Dorothy M~(~4inn~Clerk

£~

Illinois

0

lution Control Board

01 38.~03O3