ILLINOIS POLLUTION CONTROL BOARD
    January 6, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    NORTHERN ILLINOIS SERVICE
    COMPANY,
     
    Respondent.
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    AC 05-40
    (IEPA No. 567-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On November 22, 2004, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Northern Illinois Service Company.
    See
    415 ILCS
    5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency alleges that on October 4, 2004,
    Northern Illinois Service Company 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
    Northern Illinois Service Company 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 4960 Rockton Road, Roscoe,
    Winnebago County.
     
    As required, the Agency served the administrative citation on Northern Illinois Service
    Company 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 December 27, 2004, Northern Illinois Service
    Company timely filed a one-sentence letter by its President, Wayne Klinger seeking review of
    the administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b).
    Northern Illinois Service Company requests review of the administrative citation.
    See
    35 Ill.
    Adm. Code 108.206. The Board accepts the petition for hearing.
     
    The Board accepts this matter as timely filed, pursuant to 35 Ill. Adm. Code 108.204.
    However, the Board finds that the petition does not specify the grounds for appeal, as required by
    35 Ill. Adm. Code 108.206. The Board directs Northern Illinois Service Company to amend its
    petition for review to include its grounds for appeal within 30 days from the date of this order, or
    the Board will dismiss this matter.
     
    In addition, the petition was filed on behalf of Northern Illinois Service Company by
    Wayne Klinger. 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
     
    2
    101.400(a)(2). The appeal filed by Wayne Klinger on behalf of Northern Illinois Service
    Company does not identify him as an attorney, but as the President of Northern Illinois Service
    Company. Wayne Klinger cannot represent Northern Illinois Service Company in this
    proceeding.
    See
    35 Ill. Adm. Code 101.400(a)(2). Nothing in the petition indicates that Wayne
    Klinger is an attorney. The Board directs Northern Illinois Service Company 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.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 6, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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