ILLINOIS POLLUTION CONTROL BOARD
    July 22, 1993
    SALL-ECLIPSE,
    Petitioner,
    v.
    )
    PCB 93—130
    )
    (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 July 20, 1993. The recommendation refers to
    a request from petitioner, Sail-Eclipse for a 30—day provisional
    variance for its Winnebago 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 July 11, 1993 to
    August 10, 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.
    ~
    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 July
    11, 1993 to August 10, 1993.
    IT IS SO ORDERED.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted by the
    Board on the
    ~
    day of ________________________, 1993,
    byavoteof
    ______.
    /
    /1 ~ 4
    /_
    —,
    ~
    Dorothy N. Gurth, Clerk
    Illinois Poliution Control Board

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