ILLINOIS POLLUTION CONTROL BOARD

May

7,

1992

MONTGOMERY COUNTY HIGHWAY

)

DEPT.,

Petitioner,

v

)

 PCB 92—64

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

 (by J.C. Marlin):

This matter comes before the Board on receipt of an Agency

Recommendation dated May 5,

 1992.

 The recommendation refers to a

request from Petitioner, Montgomery County Highway Department for

a 21-day provisional variance for its Montgomery County facility

from the cutback asphalt use restrictions, as set forth in 35 Ill.

Adm. Code 215.563, for the period from May 1,

 1992 to May 22, 1992.

Upon

 receipt

of

the

 request,

the

 Agency

 issued

its

recommendation,

 finding

 that

due

to

 unforeseen,

 temporary

and

uncontrollable circumstances, failure to grant the requested 21—day

provisional

 variance would

 impose

 an arbitrary

 or unreasonable

hardship on Petitioner.

The responsibilities

 of the Agency

 and the

 Board

 in these

short-term

 provisional

 variances

are

 different

 from

the

responsibilities in standard variances.

 See Ill. Rev. Stat.

 1991,

ch. 111½,

 pars.

 1035(b)

&

 (c).

 In provisional variances it is the

responsibility of the Agency to make the technical determinations

and finding of arbitrary or unreasonable hardship.

 The Board’s

responsibility is

 to adopt

a

 formal Order,

to

 assure the formal

maintenance

of

the

 record,

 to assure

 the enforceability

 of the

variance,

 and to provide notification of

 the action by

 a press

release.

Having

 received

the

 Agency

 recommendat~ion finding

 that

a

denial

of

the

 requested

 relief

 would

 impose

an

 arbitrary

and

unreasonable

 hardship,

the

 Board

 hereby

 grants

 Petitioner

a

provisional variance from 35

 Ill.

 Adm. Code 215.563

 from May

1,

1992 to May 22,

 1992,

 subject to the following conditions:

1.

 The term of this provisional variance shall commence on

May

1,

 1992 and expire on May 22,

 1992;

133—289

2

2.

 During

the

 term

of

 this

 provisional

 variance,

the

Petitioner’s shall use cutback asphalt only;

3.

 The Petitioner

 shall notify Agency in writing when the

use of cutback asphalt has been completed under the terms

of this provisional variance, addressed as follows:

Regional Manager

Illinois Environmental Protection Agency

Division of Air Pollution Control

5415 North University

Peoria,

 Illinois

61614

CERTIFICATION

I

 (We), __________________________________, hereby

accept and agree to be bound by all terms and conditions

of the Order of the Pollution Control Board in PCB 92—64,

May 7,

 1992.

Petitioner

Authorized Agent

Title

Date

IT IS SO ORDERED.

I,

 Dorothy M.

 Gunn,

 Clerk of the Illinois Pollution Control

Board, do hereby certify that the above order was adopted on the

7--A-

 day of ___________________________,

 1992,

 by a vote of

—~-~

Dorothy M. G~nn,Clerk

Illinois Pollution Control Board

33—29()