ILLINOIS POLLUTION CONTROL BOARD
    November 5, 1998
    MOBIL OIL CORPORATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 99-59
    (Provisional Variance - RCRA)
    ORDER OF THE BOARD (by C.A. Manning):
    On November 4, 1998, the Illinois Environmental Protection Agency (Agency) filed a
    request for a provisional variance and notification of recommendation. The Agency
    recommends that the Board grant a 30-day provisional variance. The provisional variance
    would allow this Will County petitioner to continue accumulating hazardous waste for a period
    in excess of 90 days. In making its recommendation, the Agency states that failure to grant
    the requested provisional variance for
    30
    days will result in an arbitrary or unreasonable
    hardship on the petitioner.
    The Board is required, in a provisional variance, to adopt a formal order, assure formal
    maintenance of the record, assure the enforceability of the variance, and provide notification
    of the action by press release. Pursuant to Section 35(b) of the Environmental Protection Act
    (Act) (415 ILCS 5/35(b) (1996)), the Board must issue the provisional variance within two
    days of the filing. The Board grants the petitioner a provisional variance from the 90-day
    limitation on the accumulation of hazardous wastes, as set forth in 35 Ill. Adm. Code
    722.134(b), for the period from November 13, 1998 to December 13, 1998.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 5th day of November 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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