ILLINOIS POLLUTION CONTROL BOARD
    May 16, 1996
    TARACORP INDUSTRIES, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 96-232
    (Provisional Variance - RCRA)
    ORDER OF THE BOARD (by C.A. Manning):
    Pursuant to Section 35(b) of the Environmental Protection Act (Act) (415 ILCS 5/35(b))
    (1994), Taracorp Industries, Inc. (Taracorp) has requested that the Illinois Environmental
    Protection Agency (Agency) recommend that the Board grant a provisional variance to allow
    Taracorp’s facility in Madison County to continue accumulating hazardous waste for a period in
    excess of 90 days. Such request for a provisional variance and the notification of
    recommendation were filed with the Board by the Agency on Tuesday, May 14, 1996. Pursuant
    to Section 35(b) of the Act, the Board must issue the variance within two (2) days of this filing.
    Specifically, the Agency recommends that we grant a 4-day provisional variance from
    the 90-day limitation on the accumulation of hazardous wastes, as set forth in 35 Ill. Adm. Code
    722.134(b), for the period from April 28, 1996 to May 1, 1996.
    Upon receipt of the request, the Agency issued its recommendation, notifying the Board
    that due to unforeseen, temporary, and uncontrollable circumstances, failure to grant the
    requested 4-day provisional variance would impose an arbitrary or unreasonable hardship on the
    petitioner.
    Provisional variances are by their very nature temporary. The responsibilities of the
    Agency and the Board in these short-term provisional variances are different from the
    responsibilities in standard variances. (See 415 ILCS 5/35(b) & 36(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 notifying the Board that a denial of the
    requested relief would impose an arbitrary or unreasonable hardship, the Board hereby grants
    the petitioner a provisional variance from 35 Ill. Adm. Code 722-134(b) from April 28, 1996 to
    May 1, 1996.
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    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for the
    appeal of final Board orders within 35 days of the date of service of this order. The Rules of
    the Supreme Court of Illinois establish filing requirements. (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 _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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