ILLINOIS POLLUTION CONTROL BOARD
    May 3, 2007
    CITY OF O’FALLON,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION Agency,
    Respondents.
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    PCB 07-102
    (NPDES Permit Appeal – Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On April 10, 2007, the City of O’Fallon (O’Fallon) filed an appeal of a March 27, 2007
    decision by the Illinois Environmental Protection Agency (Agency) granting a permit with
    conditions.
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 105.206(a). Specifically,
    O’Fallon appeals certain conditions the Agency included in the permit. The permit was issued
    for the City of O’Fallon STP on Reider Road, O’Fallon, St. Clair County.
    The Board accepts the petition as timely filed; however, the petition contains certain
    deficiencies, which must be addressed before the Board accepts this matter for hearing. Pursuant
    to 35 Ill. Adm. Code 105.210(c) the petition must include a statement specifying the grounds for
    appeal. The petition states that O’Fallon is appealing certain conditions, but not the basis for that
    appeal. Further, the petition is signed by Dennis L. Sullivan, the Director of Public Works. Mr.
    Sullivan appears to be an engineer but not an attorney. Pursuant to 35 Ill. Adm. Code
    101.400(a)(2), any person other than an individual appearing before the Board must appear
    through an attorney-at-law; therefore, an attorney must appear for O’Fallon.
    By June 3, 2007, O’Fallon must file an amended petition for review and an appearance
    by an attorney-at-law. Failure to do so will subject this appeal to dismissal. The petition must
    clarify on what basis O’Fallon appeals the inclusion of certain conditions. Further, the amended
    petition must be filed either by (1) an attorney licensed and registered to practice in Illinois, or
    (2) an attorney licensed to practice in another state and accompanied by a
    pro hac vice
    motion.
    Upon the timely filing of an amended petition, the Board's statutory 120-day period for deciding
    this appeal will recommence.
    See
    35 Ill. Adm. Code 105.114(b).
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on May 3, 2007, by a vote of 4-0.
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    _________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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