ILLiNOIS POLLUTION CONTROL BOARD

March 26, 1992

CSX TRANSPORTATION, INC.,

)

)

Petitioner,

v.

)

PCB 92—28

)

(Underground Storage Tank Fund

ILLINOIS ENVIRONMENTAL

)

Reimbursement Determination)

PROTECTrON AGENCY,

Respondent.

ORDER OF THE BOARD (by J. Anderson):

This matter comes before the Board on a March 24, 1992 motion

to file the record instanter filed by the Illinois Environmental

Protection Agency (Agency). This petition was filed with the Board

on February 18, 1992, and the Agency asserts that it received

notice of the petition shortly after that date. 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”. This motion Sand the record were filed approximately 35

days after the Agency received notice of petitioner’s appeal and is

approximately 21 days late. The decision deadline is June 6, 1992,

and the Board notes that there has been no waiver of the deadline.

The Agency stated that it believes no prejudice has occurred to

petitioner due to the delay.

Apart from the question of whether the petitioner is

prejudiced, the Board is concerned about the significant delay in

filing this record. This record is being filed approximately 9

weeks before the expiration of the Board’s 180 decision period, and

less than 30 days before the scheduled hearing date of April 21.

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.

13 1—537

---

2

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify hat the above Order was adopted on the

~

day of __________________________, 1992, by a vote of

7—c

/2~

~

Dorothy M. ~2f1n, Clerk

Illinois Pc~JtLution Control Board

13 1—538