ILLINOIS POLLUTION CONTROL BOARD
    April 17, 2003
     
    SATHER ENTERPRISES, LTD.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-99
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On January 23, 2003, the Board, at the parties’ request, extended until April 10, 2003 the
    time period within which Sather Enterprises, Ltd. (Sather Enterprises) may appeal a December 4,
    2002 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.208(a). On April 10, 2003, Sather Enterprises filed a
    petition asking the Board to review the Agency’s determination. The Agency approved the
    amended site classification plan budget, with modifications, for Sather Enterprises’ underground
    storage tank site located at Route 54 East and Route 150, Farmer City, Dewitt County. Sather
    Enterprises appeals on the grounds that the Agency’s action was arbitrary and capricious. Sather
    Enterprises’ petition meets the content requirements of 35 Ill. Adm. Code 105.210. The Board
    accepts the petition for hearing.
     
    Sather Enterprises has the burden of proof. 35 Ill. Adm. Code 105.112(a). Hearings will
    be based exclusively on the record before the Agency at the time the Agency issued its
    determination. 35 Ill. Adm. Code 105.412. Hearings will be scheduled and completed in a
    timely manner, consistent with the decision deadline (
    see
    415 ILCS 5/40(a)(2) (2002)), which
    only Sather Enterprises may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board
    fails to take final action by the decision deadline, Sather Enterprises may deem its request
    granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is August 8, 2003
    (the 120th day after April 10, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for August 7, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by May 10, 2003, which is the first business day following 30 days
    after Sather Enterprises filed the petition. 35 Ill. Adm. Code 105.212(a). If the Agency wishes
    to seek additional time to file the record, it must file a request for extension before the date on
    which the record is due to be filed. 35 Ill. Adm. Code 105.116. The record must comply with
    the content requirements of 35 Ill. Adm. Code 105.212(b).
     
     
     
     
    2
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 17, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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