ILLINOIS POLLUTION CONTROL BOARD
    July 11,
    1991
    GENERAL ELECTRIC COMPANY,
    )
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91—115
    )
    (Provisional Variance)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter comes before the Board upon receipt of an Agency
    Recommendation dated July 9,
    1991.
    The recommendation refers to
    a request from Petitioner,
    General Electric Company 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.
    ~
    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.
    Adm.
    Code 722.134(b)
    from June
    23,
    1991 to July 23,
    1991.
    IT IS SO ORDERED.
    124—103
    2
    J.
    D. Dumelle and B. Forcade concurred.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certif
    ha
    the above Order was adopted on the
    /~~dayof ____________________________,
    1991, by a vote of
    ~
    Dorothy M. G~(n,Clerk
    Illinois Pol~/utionControl Board
    124—104

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