ILLINOIS POLLUTION CONTROL BOARD
October 29,
1992
IDEAL HEATING COMPANY,
)
an Illinois corporation,
)
Petitioner,
v.
)
PCB 92—118
)
(Underground Storage
ILLINOIS ENVIRONMENTAL
)
Fund Reimbursement
PROTECTION AGENCY,
)
Determination)
)
Respondent.
ORDER OF THE BOARD
(by J.
Theodore Meyer):
This matter
is before the Board on an October 23,
1992
motion to file the record instanter, filed by the Illinois
Environmental Protection Agency (Agency).
This petition was
filed with the Board on August
19,
1992,
and the Agency states
that it received notice of the petition on August 24,
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 September 8,
1992.
This motion and the record were
filed 60 days after the Agency received notice of petitioner’s
appeal, and are 45 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.
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certi~~thatthe above order was adopted on the
~‘~/-
day of
__________________,
1992,
by a vote of
7—c
~
~
~
Dorothy M. ~G~nn, Clerk
Illinois p3.Xlution Control Board
01 37-0067