ILLINOIS POLLUTION CONTROL BOARD
    January 4, 2001
    STRUNK MOTOR COMPANY,
    Petitioner,
    v.
    OFFICE OF THE STATE FIRE MARSHAL,
    Respondent.
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    PCB 01-93
    (UST - FRD)
    ORDER OF THE BOARD (by C.A. Manning):
    On December 15, 2000, Strunk Motor Company (Strunk Motor) filed a motion
    requesting a 90-day extension of the 35-day period to appeal a November 15, 2000 decision of
    the Office of the State Fire Marshal (OSFM). On December 18, 2000, the OSFM replied that
    it had no authority to grant such an appeal.
    The 90-day extension clause of Section 40(a)(1) of the Environmental Protection Act
    (415 ILCS 5/40(a)(1) (1998)) applies only to decisions of the Illinois Environmental Protection
    Agency, and does not apply to the OSFM. Accordingly, the Board cannot grant a 90-day
    extension of the 35-day appeal period in which to file an appeal pursuant to Section 40(a)(1).
    The Board will, however, consider the motion to be a timely filed petition for review.
    However, this petition is deficient in two ways. The Board’s current procedural rules do not
    allow Earl Strunk, a non-attorney, to represent his company (see 35 Ill. Adm. Code
    101.400(a)(2)). Accordingly, Strunk Motor must be represented by an attorney. Additionally,
    the petition fails to satisfy the requirements of 35 Ill. Adm. Code 105.506.
    The Board grants petitioner 30 days in which to retain an attorney and for that attorney
    to file an amended petition for review in this case on Strunk Motor’s behalf. If Strunk Motor
    does not file an amended petition for review on or before February 3, 2001, including proof of
    service of the amended petition on the OSFM, this matter will be dismissed, and the docket
    closed.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 4th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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