ILLINOIS POLLUTION CONTROL BOARD
    January 9,
    1992
    WALDORF CORPORATION,
    )
    Petitioner,
    v.
    )
    PCB 92-3
    )
    (Provisional
    Variance)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTTON AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter comes before the Board upon receipt of an Agency
    Recorruuendation dated January
    7,
    1992.
    The recommendation refers
    to
    a request
    from Petitioner,
    Waldorf Corporation
    for
    a
    30 day
    provisional
    variance
    from
    the
    90-day
    on—site
    limitations
    for
    hazardous wastes set forth in 35
    Ill. Adm. Code 722.134(b).
    Upon
    receipt
    of
    the
    request
    the
    Agency
    issued
    its
    recommendation,
    finding that the hazardous wastes must remain on-
    site for
    longer than
    90
    days due to
    unforeseen,
    temporary and
    uncontrollable circumstances
    and failure to grant the requested
    30-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.
    1989,
    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
    recommendation
    finding
    that
    a
    denial
    of
    the
    request
    relief
    would
    impose
    an
    arbitrary
    and
    unreasonable
    hardship
    the
    Board
    hereby
    grants
    Petitioner
    a
    provisional
    variance
    from
    35
    Ill.
    Adju.
    Code
    722.134(b)
    from
    December 31,
    1991 to January 30,
    1992.
    IT IS SO ORDERED.
    129—10 1
    —2—
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Boa~d,hereby certify
    at the above Order was adopted on the
    ‘/~
    day of ___________________________,
    1991, by a vote of
    Dorothy t4.//~unn,Clerk
    Illinois ~61lution Control Board
    129—102

    Back to top