ILLINOIS POLLUTION CONTROL BOARD
May 9, 1991
JOHN DEERE TECHNICAL CENTER,
Petitioner,
V.
)
PCB 91—76
(Provisional Variance)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (J
.
C. Marlin):
This matter comes before the Board upon receipt of an Agency
Recommendation dated May 7, 1991. The recommendation refers to a
request from Petitioner, John Deere Technical Center for a 30 day
provisional variance from the 90—day on—site limitations for
hazardous wastes set forth in 35 111. 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. lll~, 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 crants Petitioner a
provisional variance from 35 Ill. Adm. Code 722.134(b) from April
2, 1991 to May 2, 1991.
IT IS SO ORDERED.
J.D. Dumelle and B. Forcade concurred.
122—143
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the
?~-
day of ___________________________, 1991, by a
vote of 7—0
.
~DorothyM~7Gunn,
1~.
Clerk
Illinois Pollution Control Board
122—144