ILLINOIS POLLUTION CONTROL BOARD
March 26,
1992
LAWRENCE BROTHERS,
INC.,
)
)
Petitioner,
)
v.
)
PCB 92—45
)
(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 March 24,
1992.
The recommendation refers to
a request from Petitioner,
Lawrence Brothers,
Inc.
for
a
30 day
provisional variance for its Whiteside County facility from the 90-
day on-site limitations for hazardous wastes set forth in 35
Ill..
Adin.
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 Petjtioner.
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. 111½, 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 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
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 March
11,
1992 to April
10,
1992.
IT
IS
SO
ORDERED.
13 1—5 43
—2—
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
BgftTd~.hereby certify
hat the above Order was adopted on the
~
day of ____________________________,
1992, by a vote of
7—
2
~Dorothy
M.,4unn, Clerk
Illinois ~llution
Control Board
131—544