ILLINOIS POLLUTION CONTROL BOARD
    November 21, 1996
    TARACORP INDUSTRIES, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 97-90
    (Provisional Variance - RCRA)
    ORDER OF THE BOARD (by C.A. Manning):
    Pursuant to Section 35(b) of the Environmental Protection Act (Act) (415 ILCS
    5/35(b)), Taracorp Industries, Inc. (Taracorp) has requested that the Illinois Environmental
    Protection Agency (Agency) recommend that the Board grant a provisional variance to allow
    Taracorp’s facility in Madison County to continue accumulating hazardous waste for a period
    in excess of 90 days. Such request for a provisional variance and the notification of
    recommendation were filed with the Board by the Agency on Tuesday, November 19, 1996.
    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 30-day 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 November 5, 1996 to December 5, 1996.
    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 30-day provisional variance would impose an arbitrary or unreasonable hardship on
    the 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. (See 415 ILCS 5/35(b) & 36(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
    the petitioner a provisional variance.
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    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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