ILLINOIS POLLUTION CONTROL BOARD
November 19,
1992
STATE BANK OF WHITTINGTON,
)
Petitioner,
)
v.
)
PCB 92—152
)
(Underground Storage Tank Fund
Reimbursement Determination)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by N. Nardulli):
This
matter
comes
before
the Board
on
a
October
30,
1992
motion to file the record instanter and a November 18,
1992 motion
to
file the supplemental
record instanter
filed by the Illinois
Environmental Protection Agency (Agency).
This petition was filed
with the Board on October
9,
1992,
and the Agency asserts that it
received notice of the petition on October 13,
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 October 27,
1992.
The October motion and the record were filed 18 days after
the Agency received notice of petitioner’s appeal, and are
3 days
late.
The November motion
and supplemental record
are
25 days
late.
The Board notes with concern the absence of any prior motion
for extension of time.
The Agency’s motions to allow filing of the
Agency record and supplemental record instanter are hereby granted.
IT IS SO ORDERED.
I,
Dorothy
N.
Gunn,
Clerk
of the Illinois Pollution Control
Boar~,hereby ceiitify that the above order was adopted on the
/
~
~
day
of
77
‘~-~--~-
~
,
1992, by a vote of
~—
c
~
~
~
—‘borothy N. cpnn,
Clerk
Illinois Po~ilutionControl Board
O~37-0213