ILLINOIS POLLUTION CONTROL BOARD
    September 3, 1992
    LACLEDE STEEL CO., INC.,
    )
    Petitioner,
    v.
    )
    PCB 92—128
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by J.C. Marlin):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated September 1, 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
    Ill. Adm. Code 722.134(b), for the period from August 23, 1992 to
    September 22, 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.and
    unreasonable hardship, the Board hereby grants Petitioner a
    provisional variance from 35 Ill. Adm. Code 722.134(b) from
    August 23, 1992 to September 22, 1992.
    IT IS SO ORDERED.
    0135-0539

    2
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify that the~ab~e_orderwas adopted by the
    Board on the
    *~-~
    day of __________________________, 1992,
    byavoteof 7~o
    (2
    ~/
    ~
    ~
    Dorothy N. Gu~”, Clerk
    Illinois Po11~ion Control Board
    01 35-05~0

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