ILLINOIS POLLUTION CONTROL BOARD
    March 3, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    RAY LOGSDON ESTATE, LOGSDON
    SAND AND GRAVEL, and M.K. O’HARA
    CONSTRUCTION, INC.,
     
    Respondents.
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    AC 05-54
    (IEPA No. 33-05-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On February 10, 2005, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Ray Logsdon Estate, Logsdon Sand and Gravel, and M.K.
    O’Hara Construction, Inc., (respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
    108.202(c). The Agency alleges that on December 15, 2004, the respondents violated Section
    21(p)(1), (p)(4), and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(4),
    and (p)(7) (2002)). The Agency further alleges that the respondents violated these provisions by
    causing or allowing the open dumping of waste in a manner that resulted in (1) litter; (2)
    deposition of waste in standing or flowing waters; and (3) deposition of general construction or
    demolition debris or clean construction or demolition debris at 300 West Main Street,
    Beardstown, Cass County.
     
    As required, the Agency served the administrative citation on the respondents 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 February 28, 2005, M.K. O’Hara Construction, Inc. timely filed a petition
    to contest the administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code
    108.204(b). M.K. O’Hara Construction, Inc. alleges that it placed sand and brick on the lot for
    the purposes of leveling the lot, that it removed tin and iron from the fill material when it was
    discovered on the site, that it has no further involvement in the site, and that it has never been an
    operator of the site.
    See
    35 Ill. Adm. Code 108.206. The Board accepts the petition for hearing.
     
    The record indicates that the administrative citation was timely served on the respondents
    Ray Logsdon Estate and Logsdon Sand and Gravel on February 9, 2005. The Board has not yet
    received a petition for review from either of those two respondents, and the time for filing an
    appeal will not expire as to those two respondents until after March 16, 2005.
     
    The Board accepts the petition for appeal of M.K. O’Hara Construction, Inc. as timely
    filed, pursuant to 35 Ill. Adm. Code 108.204. However, the Board finds that the petition was
    filed on behalf of M.K. O’Hara Construction, Inc. by Madalyn O’Hara. The Board's procedural
     
    2
    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 Madalyn O’Hara on behalf of M.K. O’Hara Construction, Inc. does
    not identify Madalyn O’Hara as an attorney, but as the president of M.K. O’Hara Construction,
    Inc.. Madalyn O’Hara cannot represent M.K. O’Hara Construction, Inc. in this proceeding
    unless she is an attorney.
    See
    35 Ill. Adm. Code 101.400(a)(2). Nothing in the petition indicates
    that Madalyn O’Hara is an attorney. The Board directs M.K. O’Hara Construction, Inc. 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 March 3, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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