ILLINOIS POLLUTION CONTROL BOARD
    September 9, 1999
    DIAMOND PLATING COMPANY, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
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    PCB 00-42
    (Provisional Variance - RCRA)
    ORDER OF THE BOARD (by C.A. Manning):
    On September 8, 1999, 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 to Diamond Plating Company, Inc. The provisional variance would allow this Madison
    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 August 21, 1999, to September 20, 1999.
    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 9th day of September 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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