ILLINOIS POLLUTION CONTROL BOARD
    December 6,
    1991
    PRECOAT METALS,
    Petitioner,
    v.
    )
    PCB 91—239
    )
    (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 December 4,
    1991.
    The recommendation refers
    to
    a
    request
    from
    Petitioner,
    Precoat
    Metals
    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.
    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
    December 3,
    1991 to January
    2,
    1991.
    IT IS SO ORDERED.
    J.D. Dumelle and B. Forcade concurred.
    128—75
    —2—
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Boaçc4, hereby certify~hatthe above Order was adopted on the
    c~--~-day of
    ~7J~.-—~-
    ,
    1991,
    by a vote of
    2~I
    Dorothy N.7~’unn, Clerk
    Illinois Rollution Control Board
    128—76

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