ILLINOIS POLLUTION CONTROL BOARD
July 22, 1999
GINA PATTERMANN, LISA COLLINS,
and DEEN COLLINS,
Complainants,
v.
BOUGHTON TRUCKING AND
MATERIALS, INC.,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
PCB 99-187
(Enforcement - Noise, Air, Citizens)
ORDER OF THE BOARD (by N. J. Melas):
This matter is before the Board on the June 17, 1999 filing of a citizens’ enforcement
complaint (complaint). On June 29, 1999, Boughton Trucking and Materials, Inc. (Boughton)
filed a motion for extension of time to file motion to dismiss as duplicitous/frivolous (motion)
and an affidavit in support of the motion. Boughton requests that Board grant it a 35-day
extension. The Board grants the motion and directs Boughton to file a motion to dismiss with
the Board no later than August 2, 1999.
The Board must address another matter as well. Of the three named complainants
(Gina Pattermann, Lisa Collins, and Deen Collins), only Pattermann signed the complaint.
According to the Board’s procedural rules, any person may appear before the Board as “a
natural person in his own behalf or by an attorney at law licensed and registered to practice in
the State of Illinois or both.” 35 Ill. Adm. Code 101.107(a)(1). The Board’s procedural rules
also provide that “the original of each document filed shall be signed by the party or by its
authorized representative or attorney.” 35 Ill. Adm. Code 101.103(g). The Board has
subsequently determined that representation of other parties before the Board is the practice of
law and, therefore, only an attorney may represent another party before the Board. See
In re
Petition of Recycle Technologies (July 10, 1997), AS 97-9, slip op. at 4; Graf v. Valiquet,
Inc. (April 15, 1999), PCB 99-125, slip op. at 3; Smith v. Heritage Tool & Die
Manufacturing, Inc. (June 3, 1999), PCB 99-145, slip op. at 3. It does not appear that
Pattermann is an attorney, and she should not have signed the complaint on behalf of the other
complainants.
The Board grants complainants until August 13, 1999, to file an amended complaint
with the Board. The complaint must be signed by each complainant or by his or her attorney.
After August 13, complainants will be dismissed from this matter if they have not signed the
complaint either personally or through an attorney. All future pleadings filed by complainants
in this matter must be signed either personally by complainants or through an attorney.
IT IS SO ORDERED.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 22nd day of July 1999 by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board