ILLINOIS POLLUTION CONTROL
    BOARD
    April 21,
    1994
    STEWART
    WARNER,
    Petitioner,
    V.
    )
    PCB 94—130
    (Provisional Variance)
    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)), Stewart Warner has requested that
    the Illinois Environmental Protection Agency (Agency) recommend
    that the Board grant a provisional variance to allow Stewart
    Warner 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 was filed with
    the Board by the Agency on Wednesday, April 20,
    1994.
    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 thirty
    (30)-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 April
    9,
    1994 to May 8,
    1994.
    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 thirty
    (30)-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 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
    2
    petitioner a provisional variance from 35 Ill. Adm. Code
    722.134(b) from April
    9,
    1994 to May 8,
    1994.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify that the above order was adopted on the
    ~‘/~
    day of __________________________,
    1994, by a vote of
    ~(.
    Dorothy M./’~unn,Clerk
    Illinois Pgllution Control Board

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