ILLINOIS POLLUTION CONTROL BOARD
    September 15, 1994
    AUSTEEL LEMONT COMP~Y, INC.,
    Petitioner,
    )
    v.
    )
    PCB 94—253
    )
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by C. A. Manning):
    Pursuant to Section 35(b) of the Environmental Protection
    Act (Act) (415 ILCS 5/35 (b)), The Austeel Lemont Company, Inc.
    has requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow Austeel Lemont Company, Inc. to continue accumulating
    hazardous waste for a period in excess of ninety (90) days. Such
    request for a provisional variance and the Notification of
    Recommendation were filed with the Board by the Agency on
    Wednesday, September 14, 1994. Pursuant to Section 35(b) of the
    Act, the Board must issue the variance within two (2) days of
    this filing.
    Specifically, the Agency recommends that we grant a thirty
    (30)-day provisional variance from the ninety (90)-day limitation
    on the accumulation of hazardous wastes, as set forth in 35 Iii.
    Adm. Code 722.134(b), for the period from July 13, 1994 to August
    11, 1994.
    Upon receipt of the request, the Agency issued its
    recommendation, notifying the Board that due to unforeseen,
    temporary and uncontrollable circumstances, failure to grant the
    requested thirty (30)-day provisional variance would impose an
    arbitrary or unreasonable hardship on the petitioner.
    Provisional variances are by their very nature temporary.
    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) &
    36(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 notifying the
    Board that a denial of the requested relief would impose an
    arbitrary or unreasonable hardship, the Board hereby grants the
    2
    petitioner a provisional variance from 35 Ill. Adiu. Code
    722.134(b) July 13, 1994 to August 11, 1994.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certifyjthat the above order was adopted on the
    ~
    day of
    __________________________,
    1994, by a vote of
    ~7-O
    .
    /2
    ~,
    ~
    I
    Control Board

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