ILLINOIS POLLUTION CONTROL BOARD
August 18, 2005
DIMUCCI DEVELOPMENT
CORPORATION,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 04-209
(UST Appeal)
ORDER OF THE BOARD (by A.S. Moore):
On July 28, 2005, Jeep & Blazer, LLC filed a motion to withdraw as legal counsel for
petitioner DiMucci Development Corporation (DiMucci) in this Underground Storage Tank
(UST) appeal. DiMucci appealed an April 15, 2004 determination of the Illinois Environmental
Protection Agency (Agency). The Agency’s determination concerns DiMucci’s UST site at the
northeast corner of South Cicero Avenue and 31st Street in Cicero, Cook County.
Jeep & Blazer, LLC represents that it and DiMucci are “unable to work together” and
further that they “agree that the best interests of the client would be served by counsel’s
withdrawal.” Motion at 1. The Agency did not respond to the motion and therefore waives any
objection to it being granted.
See
35 Ill. Adm. Code 101.500(d).
The Board grants the motion of Jeep & Blazer, LLC to withdraw as counsel for DiMucci.
The Board notes that under its procedural rules, DiMucci must be represented in this appeal by a
licensed attorney.
See
35 Ill. Adm. Code 101.400(a). The statutory deadline for the Board to
decide this case is currently December 13, 2005. To avoid undue delay, the Board directs
DiMucci to have an attorney file an appearance on its behalf within 30 days from the date of this
order. Failure to do so will subject this appeal to dismissal.
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 18, 2005, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board