ILLINOIS POLLUTION CONTROL BOARD
November 5, 2008
ILLINOIS ENVIRONMENTAL
PROTECTION,
Complainant,
v.
THEODORE & ELIZABETH
HOLLEMBEAK and HOLLEMBEAK
CONCRETE, INC.,
Respondents.
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AC 09-2
(IEPA No. 85-08-AC)
(Administrative Citation)
ORDER OF THE BOARD (by A.S. Moore):
This is an administrative citation enforcement action brought by the Illinois
Environmental Protection Agency (Agency) against three respondents: Theodore Hollembeak,
Elizabeth Hollembeak, and Hollembeak Concrete, Inc. (collectively, respondents). The case
concerns a facility located at 403 Pittsfield Road, Mt. Sterling, Brown County and alleges that
respondents violated Sections 21(p)(1), (p)(3), and (p)(7) of the Environmental Protection Act
(415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2006)). In an order dated August 7, 2008, the Board
accepted a petition for review as timely filed by Theodore Hollembeak on behalf of respondents
on July 21, 2008.
In the same order on August 7, 2008, the Board noted that, although an individual may
represent himself or herself, a non-attorney cannot represent another person in a Board
adjudicatory proceeding, such as an administrative citation action.
See
35 Ill. Adm. Code
101.400(a). The Board also noted that any person other than an individual must appear through
an attorney-at-law licensed and registered to practice law.
See id.
Because the petition was
signed by Theodore Hollembeak and failed to identify Theodore Hollembeak as an attorney, the
Board directed Elizabeth Hollembeak and Hollembeak Concrete, Inc. to file an amended petition
through an attorney-at-law if either of them wished to contest the citation. Specifically, the
Board stated that, “[i]f Elizabeth Hollembeak and Hollembeak Concrete, Inc. fail to file an
amended petition in a timely manner, the Board will enter a default order against the remaining
respondents. . . .”
Since the Board issued that order, the Agency on September 25, 2008, filed proof that it
had timely served the administrative citation on Theodore and Elizabeth Hollembeak on July 10,
2008, and on Hollembeak Concrete, Inc. on July 12, 2008. As noted above, the Board has
accepted as timely a petition filed by Theodore Hollembeak on behalf of respondents on July 21,
2008. While the Board directed Elizabeth Hollembeak and Hollembeak Concrete, Inc. to address
the issue of attorney representation by filing an amended petition on a timely basis, the Board
has not received an amended petition for review from either of the two of them. Accordingly,
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the Board now directs Elizabeth Hollembeak and Hollembeak Concrete, Inc. to file any amended
petition within 14 days of the date of this order. If Elizabeth Hollembeak and Hollembeak
Concrete, Inc. do not file an amended petition(s) accompanied by an attorney’s appearance(s)
within 14 days of the date of this order, the Board will enter a default order against them but
proceed to hearing only as to Theodore Hollembeak. Of course, even if Elizabeth Hollembeak is
not an attorney, she may within the 14-day deadline file an amended petition on her own behalf.
IT IS SO ORDERED
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on November 5, 2008, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
