ILLINOIS POLLUTION CONTROL BOARD
May 7,
 1992
ADVANCE EXCELLO COLORS,
 )
Petitioner,
v.
 )
 PCB 92-65
)
 (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 May 6,
 1992.
 The recommendation refers to a
request
 from
 Petitioner,
 Advance
 Excello
 Colors
 for
 a
 30
 day
provisional variance for its Cook County facility from the 90-day
on-site limitations for hazardous wastes set forth in 35 Ill. Mm.
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.~Adm. Code 722.134(b)
 from April
28,
 1992 to May 28,
 1992.
IT IS SO ORDERED.
133—291
—2—
I,
 Dorothy
 M.
 Gunn,
 Clerk
 of the Illinois Pollution Control
Board,
 hereby certify that the above order was adopted on the
7~
day of
 /
 ,
 1992, by a vote of
‘7/
kJ
~Dorothy M.
 nfl, Clerk
Illinois P
 lution Control Board
133—2
9
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