ILLINOIS POLLUTION CONTROL BOARD
    October 29, 1992
    F
    & R ENTERPRISES,
    INC.,
    Petitioner,
    V.
    )
    PCB 92—122
    (Underground Storage
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    Tank Fund Reimbursement
    AGENCY,
    )
    Determination)
    Respondent,
    ORDER OF THE BOARD
    (by G.
    T. Girard):
    On October
    2,
    1992,
    the Illinois Environmental Protection
    Agency filed the record in this proceeding.
    In addition, the
    Agency filed a motion to file the record instanter as the record
    was 18 days late.
    The Agency’s motion is granted.
    On October 6,
    1992, the petitioner filed a motion to supplement the record.
    At
    this time the Board has not received a response from the Agency
    regarding the petitioner’s motion
    (“Pet. mot.”).
    The petitioner maintains that the record filed on October 2,
    1992
    is deficient in that “copies of the twelve competitive bids
    received by petitioner and submitted to the Agency on May
    1,
    1992” are not included in the record.
    (Pet. mot.
    at 2.)
    In
    addition, the petitioner stated that correspondence between
    petitioner’s counsel and Agency employees regarding those bids
    have not been included.
    (Pet. mot. at 2.)
    The petitioner
    requests that the Board require the Agency to file “the entire
    Agency record of this LUST reimbursement application,
    including
    all competitive bid information submitted to the Agency by the
    applicant,
    as well as any and all correspondence between the
    applicant or
    its representative counsel and the Agency”.
    (Pet.
    mot. at 3.)
    The petitioner argues that the a key issue in this
    reimbursement petition is the Agency’s action regarding the
    competitive bids.
    Therefore such information is necessary for
    the Board to review the petition.
    The Board’s procedural rules provide that the Agency shall
    file the entire Agency record of the permit application,
    including the application, correspondence with the applicant and
    the denial.
    (35 Ill.
    Adni.
    code 105.102(a)(4)).
    The petitioner’s
    motion to supplement the record is granted and the Agency is
    directed to file an amendment to the record which shall include
    all materials that were before the Agency when considering this
    reimbursement application.
    The Board notes that the hearing is
    Of 37-0069
    2
    scheduled to begin on November 30,
    1992.
    Therefore, the
    amendment to the record shall be received by the Board no later
    than November 30,
    1992.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ~
    day
    ~
    ,
    1992,
    by a vote of
    /-~
    .
    7...’
    A ~
    ~Dorothy
    N. ,G~4nn, Cler1~
    Illinois PbiLiution Control Board
    0137-0070

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