ILLINOIS POLLUTION CONTROL BOARD
January
6,
1994
MARATHON OIL COMPANY,
)
Petitioner,
v.
)
PCB 94-9
)
(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)), Marathon Oil Company has requested that
the Illinois Environmental Protection Agency
(Agency)
recommend
that the Board grant a provisional variance to allow Marathon Oil
Company 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
Tuesday,
January
4,
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 storage of hazardous wastes,
as set forth
in
35 Ill.
Adm.
Code
722.134(b),
for the period from December 26,
1993 through
January
25,
1994
for Waste
Item
#1,
December
27,
1993
through
January
26,
1994
for Waste
Item
#2,
December
29,
1993
through
January 28,
1994
1
for Waste Item #3, and December 7,
1993 through
January
6,
1994 for Waste Item
#4.
The Agency Recommendation was
filed January
4,
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 Petitioner.
Provisional variances are by their very nature temporary.
The
responsibilities of the Agency and the Board in these short-term
1
The Agency recommendation sets forth this date,
which
is
the thirty-first day after the recommended start of the extension.
35 Ill. Adm. Code 722.134(b) allows only a single 30—day extension.
Therefore,
the Board
has
used
“January
28,
1994”
in the
order
below.
2
provisional variances are different from the. responsibilities in
standard variances.
~
415 ILCS 5/35(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 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
Petitioner
a
provisional variance from 35 Iii. Adm. Code 722.134(b)
during the
periods listed below.
Waste Item #1 December 26,
1993 to January 25,
1994.
Waste Item #2 December 27,
1993 to January 26,
1994.
Waste Item #3 December 29,
1993 to January 28,
1994.
Waste Item #4 December 7,
1993 to January 6,
1994.
IT IS SO
ORDERED.
I,
Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Boar~1do hereby cer
y that the above order was adopted on the
~
day of ________________________________, 1994, by a vote of
7
-
0
.
-
(111
Dorothy M.
Illinois
Control Board