ILLINOIS POLLUTION CONTROL BOARD
    October 29,
    1992
    CHEMREX,
    INCORPORATED,
    Petitioner,
    )
    v.
    )
    PCB 92—123
    )
    (Underground Storage Tank Fund
    Reimbursement Determination)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    This matter comes before the Board on a October 16,
    1992
    motion to file the record instanter filed by the Illinois
    Environmental Protection Agency
    (Agency).
    This petition was
    filed with the Board on August 31,
    1992,
    and the Agency asserts
    that it received notice of the petition on September
    2,
    1992.
    Pursuant to 35 Ill.
    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 September 14,
    1992.
    This motion and the record were
    filed 44 days after the Agency received notice of petitioner’s
    appeal, and are
    32 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
    Board, hereby certify t~
    the above order was adopted on the
    ~
    day of
    ___________________,
    1992,
    by a vote of
    7—~
    Dorothy M.
    nn, Clerk
    Illinois P
    1 ution Control Board
    0137-0071

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