ILLINOIS POLLUTION CONTROL BOARD
    July 27, 1989
    MARATHON PETROLEUM COMPANY,
    )
    Petitioner,
    )
    V.
    )
    PCB 88—179
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by J.D. Dumelle):
    On July 26, 1989, the Illinois Environmental Protection
    Agency (Agency) filed its Brief in this matter along with a
    motion to file instanter because the scheduled submission date
    was May 3, 1989. The Board notes that Section 101.181 of the
    Procedural Rules, 35 Ill. Mm. Code 101.181, states that:
    unless the Board determines that undue delay
    or material prejudice will result, no document
    received by the Clerk after 4:30 p.m. two days
    before a scheduled Board meeting will be
    placed on the agenda for that Board meeting.
    Any such filing will appear on the agenda for
    the next regularly scheduled Board meeting.
    The Board believes that as a final decision is due today, failure
    to address this motion would cause undue delay or material
    prejudice. The Agency’s Brief was due May 3, 1989; it was not
    submitted until one day before the decision deadline. The
    Agency’s Brief is 84 days late. The Board cannot accept the
    Brief at this late date. The Agency’s motion is denied.
    The Board notes that, as a result, it has not considered the
    Agency’s Brief whatsoever in rendering its decision on the merits
    of the permit appeal.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that t~ a,~oveOrder was adopted on
    the
    _____________
    day of
    —
    ,
    1989 by a vote
    of
    __________.
    7
    ~
    Dorothy M.
    G,Xinn,
    ~).
    Cle”rk
    ~
    ~)
    Illinois P~2lutionControl Board
    101—257

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