ILLINOIS POLLUTION CONTROL BOARD
    August 24, 2000
    RUSSELL MINERALS WEST FRANKFORT, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
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    PCB 01-33
    (Provisional Variance - RCRA)
    ORDER OF THE BOARD (by C.A. Manning):
    On August 22, 2000, 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 Franklin 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 (415 ILCS 5/35(b) (1998)), 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
    July 29, 2000, to August 28, 2000.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) 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.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above order was
    adopted on the 24th day of August 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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