ILLINOIS POLLUTION CONTROL BOARD
    February 4, 1999
    CHEM PROCESSING, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 99-110
    (Provisional Variance - RCRA)
    ORDER OF THE BOARD (by C.A. Manning):
    On February 2, 1999, the Illinois Environmental Protection Agency (Agency) filed a
    request for a provisional variance and a notification of recommendation; an amended
    recommendation was also filed the same day. The Agency initially recommends that the Board
    grant a 30-day provisional variance; however, close examination of the recommendation
    reveals that the Agency recommends that the Board grant an 18-day provisional variance. The
    provisional variance would allow the petitioner’s Winnebago County facility to continue
    accumulating hazardous waste for a period in excess of 90 days. In making its
    recommendation, the Agency states that failure to grant the requested provisional variance for
    18 days will result in an arbitrary or unreasonable hardship on the petitioner.
    The Board is required, in a provisional variance, to adopt a formal order, assure formal
    maintenance of the record, assure the enforceability of the variance, and provide notification
    of the action by press release. Pursuant to Section 35(b) of the Environmental Protection Act
    (415 ILCS 5/35(b) (1996)), the Board must issue the provisional variance within two days of
    the filing. The Board grants the petitioner a provisional variance from the 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 6, 1999, to January 23, 1999.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 4th day of February 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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