ILLINOIS POLLUTION CONTROL BOARD
    July 22, 2004
     
    JOHNSON OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-183
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On May 6, 2004, the Board, at the parties’ request, extended until July 15, 2004 the time
    period within which Johnson Oil Company may appeal a March 12, 2004 determination of the
    Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill.
    Adm. Code 105.406. On July 15, 2004, Johnson Oil Company filed a petition asking the Board
    to review the Agency’s determination. The Agency approved petitioner’s amended high priority
    corrective action plan and budget, with modifications, for Johnson Oil Company’s leaking
    underground petroleum storage tank facility located at 901 N. Vermilion St., Danville, Vermilion
    County.
     
    Johnson Oil Company appeals on the grounds that the budget approved by the Agency is
    arbitrary, capricious, and not based on corrective action activities in the approved high priority
    corrective action plan, and that that budget is inadequate to implement the high priority
    corrective action plan.
     
    The Board accepts this matter as timely filed, pursuant to 35 Ill. Adm. Code 105.404.
    However, the Board finds that the petition was filed on behalf of Johnson Oil Company by Rick
    Johnson, Manager. The Board's procedural rules incorporate the requirement under Section 1 of
    the Illinois Attorney Act (705 ILCS 205/1 (2002)) and Section 1 of the Corporation Practice of
    Law Prohibition Act (705 ILCS 220/1 (2002)), that anyone other than an individual “must appear
    through an attorney-at-law licensed and registered to practice law.” 35 Ill. Adm. Code
    101.400(a)(2). The appeal filed by Rick Johnson on behalf of Johnson Oil Company does not
    identify him as an attorney, but as the Manager of Johnson Oil Company. Rick Johnson cannot
    represent Johnson Oil Company in this proceeding.
    See
    35 Ill. Adm. Code 101.400(a)(2).
     
    On or before August 23, 2004, Johnson Oil Company must file an amended petition for
    review accompanied by the appearance of an attorney. If an amended petition accompanied by
    an attorney’s appearance is not timely filed, this petition will be dismissed. The filing of an
    amended petition will restart the Board’s decision deadline.
    See
    35 Ill. Adm. Code 105.114(b).
     
     
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on July 22, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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