ILLINOIS POLLUTION

CONTROL

BOARD

January 21, 1993

TWOMEY

COMPANY,

)

Petitioner,

‘1

PCB 92—199

(Underground Storage

ILLINOIS

ENVIRONMENTAL

)

Fund

Reimbursement

PROTECTION

AGENCY,

)

Determination)

Respondent.

ORDER

OF

THE

BOARD (by B. Forcade):

This

matter is before the Board on a January 13,

1993

motion to file the record instanter, filed by the Illinois

Environmental Protection Agency (Agency).

This

petition was

filed .with

the

Board on December 4, 1992, and the Agency states

that it received notice of the petition on

December

,

1992.

Pursuant

to 35 Ill.

Adin. 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

December

18,

1992.

This motion and

the

record were

tiled 40 days after the Agency received notice of petitioner’s

appeal, and are 26 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,

because the Agency’s record is necessary for the decision of this

proceeding, the motion to allow filing of the Agency record

instanter is hereby granted.

The Board notes that Twomey Company has filed an open waiver

of the decision deadline in this matter.

IT IS

SO

ORDERED.

I,

Dorothy

M.

Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby

cert

y

that

the

above

order

was

adopted

on

the

c~/-~. day

of

_________________,

1993,

by

a

vote

of

£—o

~

~L.

L~

Dorothy

M. ,G~nn, Clerk

Illinois

Po~lution Control

Board

01 36-05Q3