ILLINOIS POLLUTION CONTROL BOARD
    December 18, 2003
     
    MARTIN OIL MARKETING, LTD.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-93
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On December 2, 2003, Martin Oil Marketing, Ltd. (Martin Oil Marketing) filed a petition
    asking the Board to review a November 6, 2003 determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.402. The
    Agency rejected the sixth amendment to the high priority corrective action plan budget regarding
    Martin Oil Marketing’s underground storage tank site located at 1901 West Market Street,
    Bloomington, McLean County.
     
    The Board accepts this matter as timely filed, pursuant to 35 Ill. Adm. Code 105.404.
    However, the Board finds that the petition does not specify the grounds for appeal, as required by
    35 Ill. Adm. Code 105.408(c). The Board directs Martin Oil Marketing to amend its petition for
    review to include its grounds for appeal within 30 days from the date of this order, or the Board
    will dismiss this matter.
     
    In addition, the petition was filed on behalf of Martin Oil Marketing by Donald E.
    Waterlander. The Board’s procedural rules incorporate the requirement under Section 1 of the
    Illinois Attorney Act (705 ILCS 205/1 (2002)) and Section 1 of the Corporation Practice of Law
    Prohibition Act (705 ILCS 220/1 (2002)), that anyone other than an individual “must appear
    through an attorney-at-law licensed and registered to practice law.” 35 Ill. Adm. Code
    101.400(a)(2). The appeal filed by Donald E. Waterlander on behalf of Martin Oil Marketing
    does not identify him as an attorney, but as the General Manager of Engineering, Construction,
    and Maintenance of Martin Oil Marketing. Donald E. Waterlander cannot represent Martin Oil
    Marketing in this proceeding.
    See
    35 Ill. Adm. Code 101.400(a)(2). Nothing in the petition
    indicates that Donald E. Waterlander is an attorney.
     
    The Board directs Martin Oil Marketing to retain an attorney prior to filing an amended
    petition for review in this matter. If an amended petition accompanied by an attorney’s
    appearance is not filed within 30 days of the date of this order, this petition will be dismissed.
     
     
     
     
    2
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 18, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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