ILLINOIS POLLUTION CONTROL BOARD

February 3,

1994

THE FINISHING COMPANY,

)

Petitioner,

)

v.

PCB 94—50

(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)), The Finishing Company has requested

that the Illinois Environmental Protection Agency

(Agency)

recommend that the Board grant a provisional variance to allow

The Finishing 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, February

1,

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 January 14,

1994 to

February 12,

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 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

---

2

Petitioner a provisional variance from 35 Ill.

Adm. Code

722.134(b)

from January

14,

1994 to February

12,

1994.

IT IS SO ORDERED.

I, Dorothy N.

Gunn,

Clerk of the Illinois Pollution Control

Boa~d,0dohereby certi

that the above order was adopted on the

~

day of

___________________________,

1994, by a vote of

7-c).

Control Board