ILLINOIS POLLUTION CONTROL BOARD
August 22, 1991
MOTOROLA, INC.
)
Petitioner,
)
v.
)
PCB 91—143
)
(Provisional Variance)
)
ILLINOIS ,ENVIRONMENTAL
PROTECTIQN AGENCY,
Respondent.
ORDE1~OF THE BOARD (by J. C. Marlin):
This matter conies before the Board upon receipt of an Agency
Recommendation dated August 20, 1991. The recommendation refers
to a request from Petitioner, Motorola, Inc. forrn a 30 day
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-terni 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 August
11, 1991 to September 10, 1991.
IT IS SO ORDERED.
J. D. Duxnelle and B. Forcade concurred.
125—367
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby cert~4ythat the above Order was adopted on the
~22k~
day of
~
,
1991, by a vote of
67
Dorothy M. Øunn,~1, Clerk
~
Illinois Pollution Control Board
125—368