ILLINOIS POLLUTION CONTROL BOARD
    September 3, 1992
    CITY OF FREEPORT,
    )
    Petitioner,
    v.
    )
    PCB 92—103
    )
    (Underground Storage Tank Fund
    ILLINOIS ENVIRONNENTAL
    )
    Reimbursement Determination)
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD by (J. Anderson):
    This matter comes before the Board on an August 27, 1992
    motion to file the record instanter filed by the Illinois
    Environmental Protection Agency (Agency). This petition was
    filed with the Board on July 15, 1992, and the Agency asserts
    that it received notice of the petition on July 16, 1992.
    Pursuant to 35 I11~Adni. 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 July 30, 1992. This motion and the record were filed 42
    days after the Agency received notice of petitioner’s appeal, and
    are 28 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
    Bo~rd,~hereby certi~fy~J~tthe above order was adopted on the
    ~
    day of ~
    by a vote of
    7O
    M~.
    Dorothy M. ~
    Clerk
    Illinois poiiution Control Board
    0135-0525

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