ILLINOIS POLLUTION CONTROL BOARD
    January 23,
    1992
    NATURAL GAS PIPELINE CO.
    OF
    AMERICA,
    Petitioner,
    v.
    )
    PCB 92—13
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C.
    Marlin):
    This matter comes before the Board upon receipt of an Agency
    Recommendation dated January
    21,
    1992
    The recommendation refers
    to
    a request from Petitioner,
    Natural Gas Pipeline Co.
    of America
    for
    a
    30 day provisional variance
    for its Macon County facility
    from the 90-day on-site limitations for hazardous wastes set forth
    in
    35 Ill.
    Adm.
    Code 722.134(b).
    Upon
    receipt
    of
    the
    request
    the
    Agency
    issued
    its
    recommendation,
    finding that the hazardous wastes must remain on—
    site
    for
    longer
    than
    90
    days
    due
    to
    unforeseen,
    temporary
    and
    uncontrollable
    circumstances
    and
    failure
    to grant
    the. requested
    30-day
    provisional
    variance
    would
    impose
    an
    arbitrary
    or
    unreasonable hardship on Petitioner.
    The
    responsibilities
    of
    the Agency
    and the
    Board
    in
    these
    short—term
    provisional
    variances
    are
    different
    from
    the
    responsibilities in standard variances.
    See Ill.
    Rev.
    Stat.
    1989,
    ch. 1l1~, pars.
    1035(b)
    &
    (c).
    In provisional variances it
    is the
    responsibility of the Agency to make the technical determinations
    and
    finding
    of arbitrary
    or unreasonable
    hardship.
    The Boardts
    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
    finding
    that
    a
    denial
    of
    the
    request
    relief
    would
    impose
    an
    arbitrary
    and
    unreasonable
    hardship
    the
    Board
    hereby
    grants
    Petitioner
    a
    provisional variance from 35 Ill. Adm. Code 722.134(b)
    from January
    12,
    1992
    to February
    11,
    1992.
    IT IS SO ORDERED.
    129—33 7
    —2—
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cer
    y that the above Order was adopted on the
    7~/~_(~~
    day of ____________________________,
    1992, by a vote of
    Control Board
    129—338

    Back to top