ILLINOIS POLLUTION CONTROL BOARD
    July 1, 1993
    CLARK OIL AND REFINING
    )
    CORPORTION,
    )
    Petitioner,
    v.
    )
    PCB 93—125
    )
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by C. A. Manning):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated June 30, 1993. The recommendation refers to
    a request from petitioner, Clark Oil and Refining Corporation for
    a 30-day provisional variance for its Cook 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 June
    24, 1993 to July 24, 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 responsibilities of the Agency and the Board in these
    short—term provisional variances are different from the
    responsibilities in standard variances. See 415 ILCS 5/35(b) &
    (c) (1992) (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 June
    24, 1993 to July 24, 1993.
    IT IS SO ORDERED.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby cer y that the above order was adopted on the
    /.‘~~4
    day of
    _________________,
    1993, by a vote of
    7c2
    6’
    Dorothy N. ~
    Clerk “
    Illinois Po)74~tionControl Board

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