ILLINOIS POLLUTION CONTROL BOARD
    August 19, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    G.T. & L., INC.,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
    AC 05-4
    (IEPA No. 307-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On July 13, 2004, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against G.T. & L., Inc. (GT & L).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill.
    Adm. Code 108.202(c). The Agency alleges that GT & L violated Section 21(p)(1) and (p)(7) of
    the Environmental Protection Act (415 ILCS 5/21(p)(1) and (p)(7) (2002)). The Agency further
    alleges that on May 14, 2004 GT & L violated these provisions by causing or allowing the open
    dumping of waste in a manner that resulted in (1) litter; and (2) deposition of general
    construction or demolition debris or clean construction or demolition debris at 22341 Sherman
    Road, Steger, Cook County.
     
    As required, the Agency served the administrative citation on GT & L within “60 days
    after the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);
    see also
    35 Ill. Adm. Code
    108.202(b). On August 16, 2004, GT & L timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2002); 35
    GT & L alleges that it
    that the materials alleged to be waste are
    litter or debris on the site is the result of wind, and that it exerts
    See
    35 Ill. Adm. Code 108.206.
     
    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 GT & L by Walter Kuersten.
    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 Walter Kuersten on behalf of GT & L does not identify him as an attorney, but as the
    Vice President of GT & L. Walter Kuersten cannot represent GT & L in this proceeding.
    See
    35
    Ill. Adm. Code 101.400(a)(2). Nothing in the petition indicates that Walter Kuersten is an
    attorney. The Board directs GT & L to retain an attorney prior to filing an amended petition for
    review in this matter. If an amended petition accompanied by an attorney’s appearance is not
    filed within 30 days of the date of this order, this petition will be dismissed.
     
     
    2
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on August 19, 2004, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top