ILLINOIS POLLUTION CONTROL BOARD
    November 19,
    1992
    F
    & R ENTERPRISES, INC.,
    )
    Petitioner,
    v.
    )
    PCB 92—122
    )
    (Underground Storage Tank Fund
    Reimbursement Determination)
    ILLINOIS ENVIRONIMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by G.T. Girard):
    This matter
    comes
    before
    the
    Board
    on
    a
    November
    2,
    1992
    motion
    to
    file
    the
    record
    instanter
    filed
    by
    the
    Illinois
    Environmental Protection Agency (Agency).
    This petition was filed
    with the Board on August 27,
    1992,
    and the Agency asserts that it
    received notice of the petition on August 31, 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 63 days after the
    Agency received notice
    of petitioner’s
    appeal,
    and are
    49
    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 H.
    Gunn,
    Clerk of the Illinois Pollution Cont~o~
    Board, hereby certify that the above order was adopted on the
    //
    L/
    day of
    ~
    ,
    1992,
    by a vote of
    /-
    ,,
    /
    L
    -~DorothyM. ~rünn,Clerk
    Illinois Po~lutionControl Board
    0 ~37-0169

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