ILLINOIS POLLUTION CONTROL BOARD
    August 9, 2001
     
    J.R. & SONS, INC.,
     
     
    Petitioner,
     
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 01-130
    (UST - FRD)
     
     
     
     
     
    ORDER OF THE BOARD (by S.T. Lawton, Jr.):
     
     
    On July 6, 2001, J.R. & Sons, Inc. filed with the Board a petition for review of an
    underground storage tank reimbursement denial by the Illinois Environmental Protection
    Agency. The Board’s procedural rules incorporate the requirement under Section 1 of the
    Illinois Attorney Act (705 ILCS 205/1 (2000)) and Section 1 of the Corporation Practice of Law
    Prohibition Act (705 ILCS 220/1 (2000)), 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 petition does not identify Carlson as an attorney. The certificate of service
    accompanying the petition only states that Carlson is with J.R. & Sons, Inc. The Board
    accordingly believes that Carlson, who does not appear to be an attorney, is representing J.R. &
    Sons, Inc. in violation of Section 101.400(a)(2) of the Board’s procedural rules. 35 Ill. Adm.
    Code 101.400(a)(2).
     
     
    Since the November 3, 2001 statutory deadline in this case is rapidly approaching, the
    Board orders J.R. & Sons to retain counsel in accordance with the Board’s procedural rules
    within 14 days of the date of this order. If J.R. & Sons chooses to waive the statutory deadline
    within 14 days from the date of this order, it may file a request with the hearing officer to extend
    the 14-day deadline to retain an attorney. The Board will dismiss this matter if J.R. & Sons does
    not file an amended petition on or before August 23, 2001, or by a date extended by the hearing
    officer.
     
    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 9th day of August 2001 by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control
     

    Back to top