ILLINOIS POLLUTION CONTROL BOARD
    December 6, 2007
    ESTATE OF WILLIAM EGGERT,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-35
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On November 13, 2007, the Estate of William Eggert (Eggert) timely filed a petition
    asking the Board to review an October 10, 2007 determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1)(2006); 35 Ill. Adm. Code 101.300(b)(2),
    105.404. In the determination, the Agency denied Eggert’s request for reimbursement from the
    Underground Storage Tank (UST) Fund concerning a leaking UST site located at 3917 South
    California, Chicago, Cook County.
    The Board accepts Eggert’s petition as timely filed, but finds that the petition has
    deficiencies that must be remedied before this appeal can go forward. Under Section 105.408(c)
    of the Board’s procedural rules, a petition must provide a “statement specifying the grounds of
    appeal.” 35 Ill. Adm. Code 105.408(c). Eggert’s petition lacks this information. In addition, it
    is unclear whether Eggert’s petition was filed by an attorney. Eggert’s petition was signed by
    Kara Magyar, Project Assistant with Gabriel Environmental Services. In an adjudicatory
    proceeding before the Board, like this UST appeal, anyone other than an individual must be
    represented by an attorney licensed and registered to practice law.
    See
    35 Ill. Adm. Code
    101.400(a)(2).
    By January 7, 2008, Eggert must file an amended petition for review accompanied by the
    appearance of an attorney.
    See
    35 Ill. Adm. Code 101.400(a)(4). Failure to do so will subject
    this appeal to dismissal. The amended petition must specify the grounds for appeal. Upon the
    timely filing of an amended petition, the Board’s statutory 120-day period for deciding this
    appeal will recommence.
    See
    35 Ill. Adm. Code 105.114(b).
    IT IS SO ORDERED.
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    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on December 6, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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