ILLINOIS POLLUTION CONTROL BOARD
    February 9,
    1995
    AVON PRODUCTS, INC.,
    Petitioner,
    v.
    )
    PCB 95—46
    (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)), Avon Products, Inc.
    (petitioner)
    has requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow petitioner’s facility in Cook 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, February
    6,
    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 January 25,
    1995 to
    February
    3,
    1995.1
    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.
    (~
    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 request states that the hazardous wastes were removed from
    the site on February 2,
    1995.
    2
    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
    petitioner a provisional variance from 35 Ill. Adm. Code
    722.134(b) January 25,
    1995 to February 3,
    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
    ~ift~
    day of _____________________________,
    1995, by a vote of
    ~
    Dorothy N.
    G~i7~n,Clerk
    Illinois Po19~utionControl Board

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