ILLINOIS POLLUTION CONTROL BOARD
    August 5, 2004
     
    JOHNSON OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-190
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On May 6, 2004, the Board, at the parties’ request, extended until July 28, 2004, the time
    period within which Johnson Oil Company might appeal a March 19, 2004 determination of the
    Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill.
    Adm. Code 105.406. The Agency modified petitioner’s revised high priority site investigation
    corrective action plan for Johnson Oil Company’s leaking underground petroleum storage tank
    facility located at 629 S. Champaign Road, Rantoul, Champaign County.
     
    On July 30, 2004, Johnson Oil Company filed a petition asking the Board to review the
    Agency’s determination. Johnson Oil Company appeals on the grounds, among others, that the
    plan modifications approved by the Agency are unreasonable, arbitrary, and capricious.
     
    Because the postmark date of the petition is within the time for filing, the Board accepts
    this matter as timely filed. 35 Ill. Adm. Code 101.300(b)(2), 105.404. But, the petition signed
    by Dick Johnson on behalf of Johnson Oil Company does not identify him as an attorney, but
    only as “Managing Member” of “Johnson Oil Company, LLC.” 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). If he is not an attorney, Dick
    Johnson cannot represent Johnson Oil Company in this proceeding.
    See
    35 Ill. Adm. Code
    101.400(a)(2).
     
    On or before September 4, 2004, Johnson Oil Company must file an amended petition for
    review accompanied by the appearance of an attorney. If an amended petition accompanied by
    an attorney’s appearance is not timely filed, this petition will be dismissed. The filing of an
    amended petition will restart the Board’s decision deadline.
    See
    35 Ill. Adm. Code 105.114(b).
     
     
     
     
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on August 5, 2004, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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