ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    January 21, 1993
    CHUCK AND DAN’S AUTO SERVICE,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—203
    )
    (Underground Storage Tank
    Fund
    Reimbursement Determination)
    )
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by ~Y.Theodore Meyer):
    This matter comes before the Board on a January 19, 1993
    motion to file the record instanter filed by the Illinois
    Environ~iientalProtection Agency (Agency)
    *
    This petition was filed
    with
    the Board
    on
    December 11, 1992, and the Agency asserts
    that
    it
    received notice of the petition
    on December 14,
    1992. Pursuant to
    35 Iii. 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 December
    24, 1992. This motion and the record were filed 33 days after the
    Agency received notice of petitioner’a appeal, and are 43 days
    late.
    The Board is concerned about the 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 Actrequires the
    Board tQ 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
    Board, hereby certif hat the above order was adopted on the
    _____
    of
    ,
    1993, by a vote of
    0138-05Q7
    Control Board

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