ILLINOIS POLLUTION CONTROL BOARD
    November 2, 1995
    OLIN HUNT SPECIALTY PRODUCTS, )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 96-93
    ) (Provisional Variance-RCRA)
    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)), Olin Hunt Specialty Products (Olin
    Hunt) has requested that the Illinois Environmental Protection
    Agency (Agency) recommend that the Board grant a provisional
    variance to allow Olin Hunt's facility in Winnebago County 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 Tuesday, October 31, 1995. 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 ten
    (10)-day provisional variance from the ninety (90)-day limitation
    on the accumulation of hazardous wastes, as set forth in 35 Ill.
    Adm. Code 722.134(b), for the period from October 27, 1995 to
    November 6, 1995.
    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 ten (10)-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.
    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. Adm. Code
    722.134(b) October 27, 1995 to November 6, 1995.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify that the above order was adopted on the
    _______ day of ______________________________, 1999, by a vote of
    _________.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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