ILLINOIS POLLUTION CONTROL BOARD
    December 7, 2000
    G.J. LEASING CO., INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 01-57
    (UST - FRD)
    ORDER OF THE
    BOARD (by C.A. Manning):
    On September 25, 2000, the parties filed a joint notice of extension of the 35-day period
    to appeal a decision of the Illinois Environmental Protection Agency (Agency). On October 5,
    2000, the Board granted petitioner an extension of the time period for filing an appeal in the
    matter until November 21, 2000. On November 21, 2000, G.J. Leasing Co., Inc. (Leasing) filed
    a petition for review.
    This petition was filed on Leasing’s behalf by a consulting firm, Johnson Consulting.
    Although the Board’s current procedural rules would allow the petitioner to be represented by a
    non-attorney (see 35 Ill. Adm. Code 101.107(a)(2)), the Board recently held that these rules
    violated the provisions of the Attorney Act (705 ILCS 205/1 (1998)) and the Corporation
    Practice of Law Prohibition Act (705 ILCS 220/1 (1998)).
    In re
     
    Petition of Recycle
    Technologies, Inc. for an Adjusted Standard for 35 Ill. Adm. Code 720.131(c) (July 10, 1997),
    AS 97-9. Specifically, the Board found that a non-attorney could not represent a corporation in
    an adjusted standard proceeding without violating both the Attorney Act and the Corporation
    Practice of Law Prohibition Act. The Board has also held that a non-attorney could not represent
    a not-for-profit corporation in a landfill siting appeal pursuant to Section 40.1(b) of the Act (415
    ILCS 5/40.1(b) (1998)). Sierra Club v. Jim Bensman (October 2, 1997), PCB 98-43. The Board
    believes that the rationale employed to find that a non-attorney was prohibited from representing
    a corporation in an adjusted standard proceeding or in a landfill siting appeal applies equally to
    the situation presented in this matter. Accordingly, Leasing must be represented by an attorney.
    The Board grants petitioner 30 days in which to retain an attorney and for that attorney to
    file an amended petition in this case on Leasing’s behalf. If Leasing does not file an amended
    petition for review on or before January 6, 2001, including proof of service of the amended
    petition on the Agency, this matter will be dismissed, and the docket closed.
    The 120-day statutory period in which the Board must render a final decision will begin
    running as of the date of the filing of the amended petition. Hearings shall be scheduled and
    completed in a timely manner pursuant to the applicable statutory decision deadline or as
    2
    extended by waiver (see 415 ILCS 5/40(a)(2) (1998), 35 Ill. Adm. Code 101.105). Unless
    otherwise ordered by the hearing officer, the Agency shall file the record of its review in this
    matter within 14 days of notice of the petition. See 35 Ill. Adm. Code 105.102.
    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 7th day of December 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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