ILLINOIS POLLUTION CONTROL BOARD
    June 20, 1999
    MULLERMIST IRRIGATION
    COMPANY,
    Petitioner,
    v.
    OFFICE OF THE STATE FIRE
    MARSHAL,
    Respondent.
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    PCB 99-180
    (UST - Eligibility)
    ORDER OF THE BOARD (by M. McFawn):
    This petition for review, filed on June 3, 1999, requests that the Board review a
    May 10, 1999 Office of the State Fire Marshal (OSFM) final determination regarding
    petitioner’s eligibility and deductible for its underground storage tanks located at 2612 South
    9th Street Street, Broadview, Cook County, Illinois. The Board accepts this matter for
    hearing.
    The hearing must be scheduled and completed in a timely manner. The Board will
    assign a hearing officer to conduct hearings consistent with this order, and the Clerk of the
    Board shall promptly issue appropriate directions to that assigned hearing officer. The OSFM
    has filed its record of review in this matter on June 10, 1999.
    The assigned hearing officer shall inform the Clerk of the Board of the time and
    location of the hearing at least 30 days in advance of the hearing so that a 21-day public notice
    of hearing may be published. After hearing, the hearing officer shall submit an exhibit list, a
    statement regarding credibility of witnesses and all actual exhibits to the Board within five
    days of the hearing.
    If after appropriate consultation with the parties, the parties fail to provide an
    acceptable hearing date or if after an attempt the hearing officer is unable to consult with the
    parties, the hearing officer shall unilaterally set a hearing date in conformance with the
    schedule above. The hearing officer and the parties are encouraged to expedite this proceeding
    as much as possible.
    This petition was filed on petitioner’s behalf by Andrew L. Wright. Mr. Wright is
    identified in the petition as President of Mullermist Irrigation Company. As the Board has
    found in several recent cases Illinois law prohibits non-attorneys from representing other
    individuals or corporations before the Board. 35 Ill. Adm. Code 101.107. See,
    e.g
    In the
    Matter of: Petition of Recycle Technologies, Inc. for an Adjusted Standard from 35 Ill. Adm.
    2
    Code 720.131(c) (July 10, 1997), AS 97-9. 705 ILCS 205/1 (1996). Therefore, petitioner
    will need to proceed through an amended petition filed by a properly licensed attorney who has
    entered an appearance in this case. The Board grants petitioner 30 days in which to retain an
    attorney and for that attorney to file an amended petition and appearance. If an attorney’s
    appearance is not filed on or before July 20, 1999, this action may be subject to dismissal.
    IT IS SO ORDERED.
    Board Member G.T. Girard dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 17th day of June 1999 by a vote of 6-1.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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