ILLINOIS POLLUTION CONTROL BOARD
    April 11, 1991
    SHERWIN WILLIAMS CO.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91—62
    )
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by 3.C. Marlin):
    This matter comes before the Board on receipt of an “Agency
    Determination” dated April 9, 1991. The determination refers to
    a request from Petitioner, Sherwin Williams Co., for a 90—day
    extension to the 90—day limitation on the accumulation of
    hazardous wastes imposed on generators, as set forth in 35 Iii.
    Adm. Code 722.134(b). The petition states that the accum~ulation
    date on the hazardous wastes is October 20, 1990.
    The Agency states that it cannot recommend that the Board
    grant a provisional variance. The Agency further states that the
    petitioner failed to demonstrate that the materials remained on—
    site for longer than 90 days due to unforseen, temporary and
    uncontrollable circumstances, as required by 35 Ill. Adm. Code
    722.134(b) and that petitioner failed to prove that the
    requirements of 35 Ill. Adm. Code 722.134(b) impose an arbitrary
    or unreasonable hardship.
    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. l11~,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.
    In the absence of an Agency recommendation finding that a
    denial of the requested relief would impose an arbitrary and
    unreasonable hardship, the Board cannot grant the Petitioner a
    provisional variance. Therefore, the Board dismisses the instant
    docket.
    The Board requests that the Agency make no filing in the
    future relating to a provisional variance unless that filing is
    an Agency recommendation containing the statutorily—prescribed
    findings.
    12 1—85
    2
    IT IS SO ORDERED.
    J.D. Dumelle & B. Forcade concurred.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board do hereby certif hat the above Order was adopted on the
    //~day of _________________________, 1991, by a vote of
    ____
    ‘7
    Control Board
    121~-86

    Back to top