ILLINOIS POLLUTION CONTROL BOARD

November

6, 1986

JOLIET SAND AND GRAVEL COMPANY,

)

)

Petitioner,

V.

)

PCB 86—159

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

Respondent.

ORDER OF THE BOARD

(by J.

Anderson):

On October

28,

1986,

the Agency filed

a motion which

in

essence requests the Board

to dismiss this permit appeal.

Joliet

filed

a response

in opposition on November

3.

The Agency’s

motion

is denied.

On October

23, Joliet filed

a motion for sanctions premised

on the Agency’s failure

to file its permit record on the date

it

was due, October

22.

In

its October

27

response, the Agency

asserts that the filing

was timely,

in that it was mailed on

October

22 and received by the Board

on October

24.

In

a

November

5 supplement

to the motion

for sanctions,

Joliet

additionally asserts that the record

as filed was incomplete.

The Agency’s time for response

to this motion has barely begun

to

run.

The motion

for sanctions as

it relates

to the late filing

of

the record

is denied.

While

the Board’s Order required that the

record

be present and

filed

in the Board’s Offices on October 22,

the short-term non—compliance with that Order

is

insufficient

to

support entry of sanctions given

a lack of showing

of Agency bad

faith or substantial prejudice

to Joliet.

The

issue of

incompleteness of the record

as filed

is not ripe for Board

deliberation.

IT

IS SO ORDERED.

I, Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

~

day of _______________________,

1986,

by

a vote

of

________

/

,~

,L

~

*Y~,~

~

Dorothy

M.

Ginn,

Clerk

Illinois

Pollution

Control

Board