ILLINOIS POLLUTION CONTROL BOARD
    December 17,
    1992
    CLARI(
    OIL & REFINING
    )
    CORPORATION,
    )
    Petitioner,
    )
    v.
    )
    PCB 92—206
    )
    (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
    Recommendation dated December 15, 1992. The recommendation refers
    to a request from Petitioner, for a 30—day provisional variance for
    its Madison County facility from the 90-day limitation on the
    storage of hazardous wastes, as set forth in 35 Iii. Adm. Code
    722.134(b), for the period from November 20, 1992 to December 20,
    1992.
    Upon receipt of the request, the Agency issued its
    recommendation, finding that due to unforeseen, temporary and
    uncontrollable circumstances, 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. 1991,
    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 requested relief would impose an arbitrary or
    unreasonable hardship, the Board hereby grants Petitioner a
    provisional variance from 35 Ill. Adm. Code 722.134(b) from
    November 20, 1992 to December 20, 1992.
    IT IS SO ORDERED.
    OI38-0j73
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, do herebyj~tify that the Above order was adopted by the
    Board on the / /~ day of
    ___________________________, 1992,
    byavoteOf
    ~.
    /~‘
    Clerk
    Illinois
    ion Control Board
    OI38-OI7L~

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