ILLINOIS POLLUTION CONTROL BOARD

February 28, 1991

MAXWELL

COMMUNICATIONS CORP.,

Petitioner,

v.

)

PCB 91—37

)

(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 February 26, 1991. The recommendation

refers to a request from Petitioner, Maxwell Communications Corp.

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 ar different from the

responsibilities in standard variances. See Ill. Rev. Stat.

1989, ch. 1l1~,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

February 12, 1991 to March 14, 1991.

IT IS SO ORDERED.

B. Forcade and J. Theodore Meyer concurred.

119—9 3

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—2—

Board, h,~erebycertify that thj above Order was adopted on

the

~Z~-’

day of ____________________________, 1991, by a

vote of

________

~

Dorothy M./’~unn, Cle’rk

Illinois ~6llution Control Board

119—9 4