ILLINOIS POLLUTION CONTROL BOARD
October 20, 1994
RUNNFELDT & BELMONT,
Petitioner,
v.
)
PCB 94—293
)
(Provisional Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD (by M. McFawn):
Pursuant to Section 35(b) of the Environmental Protection Act
(Act) (415 ILCS 5/35(b)), Runnfeldt & Belmont has requested that
the Illinois Environmental Protection Agency (Agency) recommend
that the Board grant a provisional variance to allow Runnfeldt &
Belmont’s gasoline dispensing operation (service station) to
continue operating even though they will not install operational
vapor recovery equipment by November 1, 1994. This provisional
variance is being requested because the property is being sold for
uses other than gasoline dispensing. Such request for a
provisional variance and the Notification of Recommendation was
filed with the Board by the Agency on Tuesday, October 18, 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 Runnfeldt &
Belmont a forty-five (45)-day provisional variance for its facility
located at 475 Chestnut Street, Winnetka, Cook County, Illinois in
the Chicago metropolitan statistical area from the Stage II vapor
recovery requirements, as set forth in 35 Ill. Adin. Code 218.586,
for the period beginning November 1, 1994, and continuing for
forty-five (45)-days or until the sale of the property is final,
whichever comes first.
Upon receipt of the request, the Agency issued its
recommendation, notifying the Board that the failure to grant the
requested forty—five (45)—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. (See 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.
2
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 petitioner a
provisional variance from 35 Ill. Adm. Code 218.586, subject to the
following conditions:
1. The term of this provisional variance shall commence on
November 1, 1994, and continue for forty—five (45)—days or
until the sale of the property is final, whichever comes
first.
2. The petitioner shall notify the Agency of the sale of the
property, by sending notification addressed as follows:
Mr. Terry Sweitzer, P.E.
Manager, Air Monitoring Section
Illinois Environmental Protection Agency
Division of Air Pollution Control
P.O. Box 19276
Springfield, Illinois 62794—9276
IT IS SO ORDERED.
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, do hereby certify th~tthe above order was adopted on the
~
day of
_____________________________, 1994, by a vote of
________.
//
‘T~’
Dorothy
~
M./”Gunn,
)~
Clerk
Illinois ‘P~llution Control Board