ILLINOIS POLLUTION CONTROL BOARD
June 3, 1999
STAHLY CARTAGE COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 99-178
(UST - Reimbursement)
ORDER OF THE BOARD (by C.A. Manning):
This petition for review, filed on June 1, 1999, requests that the Board review a
May 4, 1999 Illinois Environmental Protection Agency (Agency) final determination regarding
petitioner’s facility located at 4206 Wagon Wheel Road, South Roxana, Madison County,
Illinois. The Board accepts this matter for hearing. Hearings shall be scheduled and
completed in a timely manner pursuant to the applicable statutory decision deadline or as
extended by waiver (see 415 ILCS 5/40(a)(2) (1996), 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.
This petition was filed on petitioner’s behalf by a consulting firm, Safety Partners,
LTD. Safety Partners, LTD is identified in the petition as “acting on behalf of” the petitioner.
As the Board has found in several recent cases, Illinois law prohibits non-attorneys from
representing other individuals or corporations before the Board. 35 Ill. Adm. Code 101.107.
See,
e.g.,
In the Matter of: Petition of Recycle Technologies, Inc. for an Adjusted Standard
from 35 Ill. Adm. Code 720.131(c) (July 10, 1997), AS 97-9. 705 ILCS 205/1 (1996).
Therefore, petitioner will need to proceed through an amended petition filed by a properly
licensed attorney who has entered an appearance in this case. The Board grants petitioner 30
days in which to retain an attorney and for that attorney to file an amended petition and
appearance. If an attorney’s appearance is not filed on or before July 3, 1999, this action may
be subject to dismissal. The filing of an amended petition will restart the decision timeclock.
IT IS SO ORDERED.
Board Member G.T. Girard dissented.
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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 3rd day of June 1999 by a vote of 6-1.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board