ILLINOIS POLLUTION CONTROL BOARD
    October 16, 2003
      
     
    ABED NESHEIWAT and SAQ, INC.
    (TONY’S GAS),
     
    Petitioners,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 01-121
    (UST Fund)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    A Board order in this matter dated August 7, 2003, ordered petitioners to retain a licensed
    attorney five months after withdrawal of their previous attorney. 35 Ill. Adm. Code
    101.400(a)(2). The order indicated a qualified attorney must file an appearance in this matter on
    behalf of Mr. Nesheiwat by September 6, 2003, or this matter would be dismissed. To date no
    attorney has made an appearance on behalf of the petitioner. Accordingly, the Board on its own
    motion dismisses this matter and closes the docket.
    See
    35 Ill. Adm. Code 101.800(a) and
    105.108(c).
    IT IS SO ORDERED.
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2002);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requireme
    nts that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 16, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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