ILLINOIS POLLUTION CONTROL BOARD
December 3, 1992
GREENVILLE AIRPORT
AUTHORITY,
Petitioner,
v.
)
PCB 92—157
(Underground Storage Tank Fund
Reimbursement Determination)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by ~3.C. Marlin):
This matter comes before the Board on a November 30, 1992
motion to file the record instanter filed by the Illinois
Environmental Protection Agency (Agency). This petition was filed
with the Board on October 21, 1992, and the Agency asserts that it
received notice of the petition on October 22, 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 November 5,
1992. This motion and the record were filed 40 days after the
Agency received notice of petitioner’s appeal, and are 25 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. The Agency’s
motion to allow filing of the Agency record instanter is hereby
granted.
The Board additionally notes that on December 2, 1992 the
Agency filed a motion for summary judgment. Ruling on this motion
is reserved until expiration of the response time.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
B~ar~,hereby certify that the above order was adopted on the
2~-~day of
____________________
,
1992, by a vote of
______
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Dorothy
M.~’unn,
Clerk
Illinois ~‘o~L1utionControl Board
0137-0567