ILLINOIS POLLUTION CONTROL BOARD
November 1, 2001
VANDALIA COMMUNITY SCHOOL
DISTRICT #203,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 02-50
(UST Appeal)
ORDER OF THE BOARD (by N.J. Melas):
On October 19, 2001, Vandalia Community School District #203 (petitioner), filed a
petition for review of an Illinois Environmental Protection Agency (Agency) decision regarding
the amount of money granted by the Agency for a High Priority Corrective Action Plan and
Budget (plan). The plan is associated with a leaking underground storage tank incident that
occurred at petitioner’s site, located at 1109 North 8th Street in Vandalia, Fayette 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 petitioner’s grounds for appeal, as
required by 35 Ill. Adm. Code 105.408(c). The Board directs the petitioner 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.
The Board notes that H. Brent Hunter, who filed the appeal on behalf of the petitioner,
does not appear to be an attorney. 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 appeal filed by Hunter on behalf of the petitioner does not
identify him as an attorney. The appeal only identifies Hunter as the project manager of
Environmental Audits and Consultants, Inc. Hunter cannot represent the petitioner in this
capacity. See 35 Ill. Adm. Code 101.400(a)(2). The Board directs the petitioner to retain an
attorney prior to filing an amended petition for review in this matter.
The Board’s rules require that the Agency file the entire record of its decision within 30
days of notice of the amended petition.
See
35 Ill. Adm. Code 105.116.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on November 1, 2001, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board