ILLINOIS POLLUTION CONTROL BOARD
March 26, 1992
MOBIL OIL CORPORATION,
)
)
Petitioner,
)
v.
)
PCB 92-44
)
(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 March 24, 1992. The recommendation refers to
a request from Petitioner, Mobil Oil Corporation for a 30 day
provisional variance for its Will County facility 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 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. Adin. Code 722.134(b) from March
19, 1992 to April 18, 1992.
IT IS SO ORDERED.
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—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify t at the above Order was adopted on the
~
day of ____________________________, 1992, by a vote of
7—c,
,4~7(~7J
Control Board
13 1—542