ILLINOIS POLLUTION CONTROL BOARD
    October 5, 2000
    ABBOTT LABORATORIES,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 01-59
    (Provisional Variance - RCRA)
    ORDER OF THE BOARD (by C.A. Manning):
    On October 3, 2000, the Illinois Environmental Protection Agency (Agency) filed a request for a provisional
    variance and notification of recommendation. The Agency recommends that the Board grant a 30-day provisional
    variance to Abbott Laboratories (Abbott) for its pharmaceutical manufacturing facility, located at 1401 Sheridan
    Road, North Chicago, Lake County, Illinois. The requested variance is from the accumulation time requirements of
    35 Ill. Adm. Code 722.134 for a wastestream (EPA Code D001) composed of mineral oil, heptane, and less than one
    percent of a Drug Enforcement Agency (DEA) control substance.
    In making its recommendation, the Agency states that failure to grant the requested provisional variance for
    30
    days will result in an arbitrary or unreasonable hardship on the petitioner. The waste stream for which the
    provisional variance is being requested must meet both DEA and Resource Conservation and Recovery Act disposal
    requirements. Abbott’s provisional variance request notes few waste management organizations can provide the
    umbrella services related to transporting and disposal of a hazardous waste control substance. The request states
    Abbott is working with a company to provide this service and requests that a provisional variance be issued in case a
    delay occurs.
    The Board is required, in a provisional variance, to adopt a formal order, assure formal maintenance of the
    record, assure the enforceability of the variance, and provides notification of the action by press release. Pursuant to
    Section 35(b) of the Environmental Protection Act (415 ILCS 5/35(b) (1998)), the Board must issue the provisional
    variance within two days of the filing. The Board grants the petitioner a provisional variance from 35 Ill. Adm. Code
    722.134, for the period from September 27, 2000, through October 27, 2000.
    IT IS SO ORDERED.
    2
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the appeal of final
    Board orders to the Illinois Appellate Court within 35 days of service of this order. Illinois Supreme Court Rule 335
    establishes such filing requirements. See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for
    Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above order was
    adopted on the 5th day of October 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top