ILLINOIS POLLUTION CONTROL BOARD
    November 4, 1999
    VILLAGE OF WHITE CITY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 00-68
    (Variance - Water)
    ORDER OF THE BOARD (by E.Z. Kezelis):
    On October 8, 1999, the Village of White City (White City) filed a petition for a variance from
    the Board’s public water supply regulations. On October 21, 1999, the Board adopted an order
    directing White City to file an amended petition.
    The original petition was filed on behalf of White City by its consulting engineers. Although the
    Board’s current procedural rules would allow White City to be represented by a non-attorney (see 35
    Ill. Adm. Code 101.107(a)(3)), the Board recently held that those rules violate 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 re
    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.
    Id
    . The Board believes that the
    rationale employed in Recycle Technologies applies equally to the situation presented in this matter.
    Accordingly, White City must be represented by an attorney.
    The Board grants White City 30 days in which to retain an attorney. The previously imposed
    deadline for filing an amended petition of 30 days from October 21, 1999, is hereby extended to 30
    days from the date of this order. If White City does not file an amended petition through counsel within
    this new deadline, the matter will be dismissed and this docket closed.
    IT IS SO ORDERED.
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    Board Member G.T. Girard disssented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    order was adopted on the 4th day of November 1999 by a vote of 5-1.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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