ILLINOIS
    POLLUTION CONTROL BOARD
    January 7, 1993
    ACNE RESIN CORPORATION,
    )
    )
    Petitioner,
    )
    V.
    )
    ~
    93.5
    (Provisional
    Variance)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER 0? THE BOARD (by J.C. Marlin):
    This matter comes before the
    Board
    on receipt of an Agency
    Recommendation dated January 6, 1993.
    The
    recommendation refers
    to a request from Petitioner, for a 30-day provisional variance
    f or its Cook County facility from the 90’-day limitation on the
    storage of
    hazardous wastes,
    as
    set
    forth in 35 Ill. Ada. Code
    722.134(b), for the period from
    December 17, 1992 to January 15,
    1993.
    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 responsib~lities of the Agency and the Board in these
    short-term provisional variances are different from the
    responsibilities in standard variances. ~
    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. Ada. Code 722.134(b) from
    December 17, 1992 to January 15, 1993.
    IT IS SO ORDERED.
    0138-0339
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Boar~4~do hereby
    it
    the above order was adopted on the
    r~—
    day of
    1993, by a vote of
    ~
    Dorothy M. ann, Clerk
    Illinois P ution Control Board
    0’I 38-03140

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