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
2