ILLINOIS POLLUTION CONTROL BOARD
    November 21,
    1991
    LAWRENCE BROTHERS,
    INC.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91—227
    )
    (Provisional Variance)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTi~’ONAGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter comes before the Board upon receipt of an Agency
    Recommendation dated November 19, 1991.
    The recommendation refers
    to a request from Petitioner, Lawrence Brothers,
    Inc.
    for a~30day
    provisional
    variance
    from
    the
    90-day
    on—site
    limitations
    for
    hazardous wastes set forth in 35 Ill.
    Adin. 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
    November 3,
    1991 to December 3,
    1991.
    IT IS SO ORDERED.
    J.D.
    Duinelle concurred.
    12 7—249
    —2—
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Bo~rd,hereby certify t
    the above Order was adopted on the
    ~‘~‘/~
    day of
    /
    ,
    1991, by a vote of
    7~
    //~
    Dorothy N.
    G~4’in, Clerk’
    Illinois PoZ~utionControl Board
    12
    7—250

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