ILLINOIS POLLUTION CONTROL BOARD
    December 16, 1999
    ENSIGN-BICKFORD COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 00-100
    (Provisional Variance - RCRA)
    ORDER OF THE BOARD (by C.A. Manning):
    On December 14, 1999, the Illinois Environmental Protection Agency (Agency) filed a request
    for a provisional variance and notification of recommendation. The Agency recommends that the Board
    grant a 15-day provisional variance. The provisional variance would allow this Union County petitioner
    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 15 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) (1998)), 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 December 16, 1999, to
    December 31, 1999.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) 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.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    order was adopted on the 16th day of December 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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