ILLINOIS POLLUTION CONTROL BOARD
    December 18, 2003
    SATHER ENTERPRISES, LTD,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 04-92
    (UST Appeal)
    ORDER OF THE BOARD (by A.S. Moore):
    On December 8, 2003, the Board received the petition of Sather Enterprises, Ltd. (Sather)
    asking the Board to review an October 31, 2003 determination of the Illinois Environmental
    Protection Agency (Agency). The petition was timely filed because it was postmarked on or
    before the filing deadline.
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 101.300(b),
    105.402, 105.406. The Agency reduced Sather’s proposed High Priority Corrective Action Plan
    Budget for purposes of reimbursement from the underground storage tank (UST) Fund. The
    Agency’s determination concerns Sather’s leaking UST site at Route 54 and East Route 150 in
    DeWitt County.
    Sather appeals on the grounds that the Agency’s reduction of the budget for personnel
    costs is arbitrary and capricious in that Sather’s proposed budget was justified and consistent
    with the Environmental Protection Act (415 ILCS 5 (2002)), applicable regulations, and
    generally accepted engineering practices. Sather’s petition meets the content requirements of 35
    Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
    Sather has the burden of proof.
    See
    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.
    See
    35 Ill. Adm. Code 105.412. Accordingly, though the Board hearing affords
    petitioner the opportunity to challenge the Agency’s reasons for its decision, information
    developed after the Agency’s decision typically is not admitted at hearing or considered by the
    Board.
    See
    Alton Packaging Corp. v. PCB, 162 Ill. App. 3d 731, 738, 516 N.E.2d 275, 280 (5th
    Dist. 1987);
    Community Landfill Co. & City of Morris v. IEPA, PCB 01-170 (Dec. 6, 2001),
    aff’d sub nom.
    331 Ill. App. 3d 1056, 772 N.E.2d 231 (3d Dist. 2002).
    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 may extend by waiver
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
    Sather may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision
    deadline is April 6, 2004, which is the 120th day after the Board received the petition.
    See
    35 Ill.
    2
    Adm. Code 105.114. The Board meeting immediately before the decision deadline is scheduled
    for April 1, 2004.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by January 7, 2004, which is the 30th day after the Board received
    Sather’s petition.
    See
    35 Ill. Adm. Code 105.410(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.
    See
    35 Ill. Adm. Code 105.116. The record must comply with the content
    requirements of 35 Ill. Adm. Code 105.410(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 December 18, 2003, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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