ILLINOIS POLLUTION CONTROL BOARD

June 3,

1993

PACE

SUBURBAN

BUS DIVISION

)

OF RTA,

)

Petitioner,

)

V.

)

PCB 93—79

(UST Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE

BOARD

(by

G.

T. Girard):

This matter comes before the Board on a May 26,

1993, motion

to file the record instanter filed by the Illinois Environmental

Protection Agency

(Agency)

*

This petition was filed with the

Board on April 30,

1993, and the Agency asserts that it received

notice of the petition on Nay 6,

1993.

Pursuant to 35 Iii.

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 May 20,

1993.

This motion and the record were filed 20 days after the

Agency received notice of petitioner’s appeal, and are

6 days

late.

The Board is concerned about the delay in filing this

record.

The Board also notes with concern the absence of any

earlier motion requesting an extension of time.

The Agency’s

motion

to allow filing of the Agency record instanter is hereby

granted.

IT IS SO ORDERED.

Board Member Bill Forcade abstains.

I, Dorothy N.

Gunn, Clerk of the Illinois Pollution Control

Boa~1,hereby cer

fy that the above order was adopted on the

_____

day of

____________________,

1993, by a vote of

5~)

*

Control Board

0