ILLINOIS POLLUTION CONTROL BOARD
    March 28,
    1991
    ETHYL PETROLEUM
    )
    ADDITIVES,
    INC.,
    Petitioner,
    V.
    )
    PCB 91-54
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.C. Marlin):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated March 26,
    1991.
    The recommendation refers
    to a request from Petitioner,
    for a 30-day provisional variance
    from the 90-day limitation on the storage of hazardous wastes,
    as
    set forth in 35
    Iii.
    Adm.
    Code 722.134(b), for the period from
    March
    16, 1991 to April
    15,
    1991.
    Upon receipt of the request, the Agency issued its
    recommendation,
    finding that due to unforeseen, temporary and
    uncontrollable circumstances,
    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.
    ~
    Ill. Rev.
    Stat.
    1989,
    ch. 111~,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 requested relief would impose an arbitrary and
    unreasonable hardship,
    the Board hereby grants Petitioner
    a
    provisional variance from 35 Iii. Adm. Code 722.134(b)
    from March
    16, 1991 to April
    15,
    1991.
    IT IS SO ORDERED.
    120—305
    2
    J.D. Dumelle &
    B. Forcade concurred.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    hereby certif
    _____
    day of
    1~h,~~,~aboveOrder was adopted on the
    ______
    ______________________________
    1991,
    by a vote of
    7-0
    ~
    /A~
    Dorothy M. G,~n
    Illinois PolAution Control Board
    120—306

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