ILLINOIS POLLUTION CONTROL BOARD
    September 9, 1999
    NATIONAL CASTING, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
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    PCB 00-23
    (UST - Reimbursement)
    ORDER OF THE BOARD (by R.C. Flemal):
    On July 2, 1999, the Illinois Environmental Protection Agency (Agency) issued a final decision, denying
    the request of National Castings, Inc. (petitioner) for reimbursement from the Underground Storage Tank Fund.
    On August 6, 1999, petitioner filed a request that the Agency grant a 90-day extension of the 35-day appeal period.
    The Agency subsequently denied the request for an extension by letter dated August 10, 1999. The ground for the
    denial of the extension was that the request, received by the Agency on August 6, 1999, was not timely. On August
    9, 1999, the Board entered an order granting a 90-day extension of the 35-day appeal period. The Board
    subsequently discovered that the order had been prematurely entered.
    Because the Agency did not concur in the request for an extension, the statutory conditions for the
    extension have not been met. 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) of the Environmental Protection Act (415 ILCS 5/40(a)(1)
    (1998)). The Board can, however, construe petitioner’s letter requesting an extension of the 35-day time period as a
    petition for review so that petitioner will not lose its right to file an appeal of the Agency’s determination.
    1
    See,
    e.g.
    , Jake Seabury v. Illinois Environmental Protection Agency
    (June 17, 1998), PCB 98-147, slip op. at 1; North
    Shore Sanitary District v. Illinois Environmental Protection Agency
    (May 7, 1998), PCB 98-149, slip op. at 1; Gibson
    Service Station v. Illinois Environmental Protection Agency
    (June 5, 1997), PCB 97-198, slip op. at 1; Southern Food
    Park, Inc. v. Illinois Environmental Protection Agency
    (August 3, 1995), PCB 96-15, slip op. at 1; Alloy Casting &
    Engineering Co. v. Illinois Environmental Protection Agency
    (August 3, 1995), PCB 96-8, slip op. at 1; Stone
    Container Corp. v. Illinois Environmental Protection Agency
    (August 3, 1995), PCB 96-4, slip op. at 1.
    This petition was filed on petitioner’s behalf by a consulting firm, Gabriel Environmental Services.
    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)). See
    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. 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
    1
    An appeal contesting the validity of the Agency’s determination could have been brought to the Board within 35
    days after the Agency’s final determination. See 415 ILCS 5/57.7(c)(4)(D) (1998); 415 ILCS 5/40(a)(1) (1998); 35 Ill.
    Adm. Code 732.502(f). The 35-day appeal period could have, however, been extended “for a period of time not to
    exceed 90 days by written notice provided to the Board from the applicant and the Agency within the initial appeal
    period.” 415 ILCS 5/40(a)(1) (1998). Thus, any complete notice was due to be filed with the Board or postmarked
    no later than August 6, 1999, 35 days after the Agency’s final determination. Petitioner’s request was filed on
    August 6, 1999.
    2
    (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, petitioner 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 the petitioner’s behalf. If the petitioner does not file an amended petition for review within this time
    period, 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. Additionally, a $75 filing fee will be required at such time as petitioner
    files the amended petition (see 35 Ill. Adm. Code 101.120(b)(3)).
    IT IS SO ORDERED.
    Board Member G.T. Girard dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above order was
    adopted on the 9th day of September 1999 by a vote of 5-1.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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