ILLINOIS POLLUTION CONTROL BOARD
    August 13, 1992
    SOUTHERN FOOD PARK, INC.
    )
    an Illinois Corporation,
    )
    Petitioner,
    v.
    )
    PCB 92—88
    )
    (Underground Storage Tank Fund
    Reimbursement Determination)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    ORDER OF THE BOARD (by J. Anderson):
    This matter comes before the Board on a August 5, 1992
    motion to file the record instanter filed by the Illinois
    Environmental Protection Agency (Agency). This petition was
    filed with the Board on June 9, 1992, and the Agency asserts that
    it received notice of the petition on June 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 June
    23, 1992. This motion and the record were filed 56 days after
    the Agency received notice of petitioner’s appeal, and is 43 days
    late.
    The Board is concerned about the si~nificantdelay 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 M. Gunn, Clerk of the Illinois Pollution Control
    Bo~rd,
    hereby cer fy that the above order was adopted on the
    /~-~dayof
    ____________________,
    1992, by a vote, of ~
    ~..
    ~
    Dorothy M. ~6nn, Clerk
    Illinois Pc~ZlutionControl Board
    0135-0335

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