ILLINOIS POLLUTION CONTROL BOARD
    June 1, 2006
    VILLAGE OF RIVER FOREST,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 06-176
    (Permit Appeal - Land)
    ORDER OF THE BOARD (by A.S. Moore):
    On May 18, 2006, the Village of River Forest (Village), through its environmental
    consultant Environmental Solutions, Inc., timely filed a petition asking the Board to review an
    April 7, 2006 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415
    ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 105.206(a). The Agency disapproved the Village’s
    remedial objectives report and the second revision of the Village’s remedial action completion
    report regarding the Texaco refining and marketing site. The Village appeals on the grounds that
    the Agency failed to issue a final determination with the applicable review period and that the
    Village had not agreed to a waiver of that deadline.
    The Village’s petition is deficient is two respects. First, the Board’s procedural rules
    require that “[w]hen appearing before the Board, any person other than individuals must appear
    through an attorney-at-law licensed and registered to practice law.” 35 Ill. Adm. Code
    101.400(a)(2). Jack Hughes, the President of Environmental Solutions, Inc., filed the Village’s
    petition in this matter. The record contains no indication that Mr. Hughes is an attorney, and no
    attorney has filed a written notice of appearance on the Village’s behalf.
    See
    35 Ill. Adm. Code
    101.400(a)(4).
    Second, the Board’s procedural rules provide that “[p]roof of proper service is the
    responsibility of the party filing and serving the document. An affidavit of service or certificate
    of service must accompany all filings of all parties.” 35 Ill. Adm. Code 101.304(d). The
    Village’s petition includes neither an affidavit of service nor a certificate of service upon the
    Agency. Nothing in the record now indicates that the Agency has received notice of the
    Village’s petition.
    Because of these deficiencies, the Board reserves ruling on whether to accept this petition
    for review. The Board grants the Village 30 days to correct the deficiencies identified above and
    directs the Village to file an amended petition and the appearance of an attorney on or before
    Monday, July 3, 2006, the first business day after the 30th day from the date of this order. If the
    Village does not timely file an amended petition correcting these deficiencies and the appearance
    of an attorney, the petition will be dismissed. If the Village files an amended petition correcting
    2
    theses deficiencies and the appearance of an attorney, the Board will determine whether to accept
    the petition for hearing. The Board notes that the filing of an amended petition will restart the
    Board’s decision deadline.
    See
    35 Ill. Adm. Code 105.114(b).
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 1, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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