ILLINOIS POLLUTION CONTROL BOARD
March 19, 2009
PRIME LOCATION PROPERTIES, LLC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-67
(LUST Appeal)
ORDER OF THE BOARD (by G.T. Girard):
On March 9, 2009, Prime Location Properties, LLC. (Prime) timely filed a petition
asking the Board to review a January 27, 2009 determination of the Illinois Environmental
Protection Agency (Agency).
See
415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code 105.404. The
petition was timely filed because it was postmarked on or before the filing deadline.
See
415
ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code 101.300(b), 105.208(a). For the reasons below, the
Board accepts the petition for review, as timely but requires the petitioner to file an amended
petition.
The Agency rejected Prime’s corrective action plan regarding an underground storage
tank site at 600 W. 10th Street, Metropolis, Massac County, and known to the Agency as LPC
#1270155017. Prime appeals on the grounds that its determinations were erroneous, arbitrary,
and capricious. The Board accepts Prime’s petition as timely filed, but finds that the petition has
deficiencies. Specifically it is unclear whether Prime’s petition was filed by an attorney
.
Prime’s
petition was signed by Joe Keebler, property owner. 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 April 20, 2009, Prime must file an amended petition for review accompanied by the
appearance of an attorney
.
See
35 Ill. Adm. Code 101.400(a)(2). 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).
2
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on March 19, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
