ILLINOIS POLLUTION CONTROL BOARD
    January 10, 2002
     
    GARRETT AVIATION, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-93
    (Provisional Variance – Land)
    ORDER OF THE BOARD (by C.A. Manning):
     
    On January 8, 2002, the Illinois Environmental Protection Agency (Agency)
    recommended that the Board grant a thirty-day provisional variance to Garrett Aviation, Inc.
    (Garrett) for the period of December 30, 2001 to January 29, 2002. The provisional variance
    from 35 Ill. Adm. Code 722.134(b) would allow Garrett to accumulate hazardous wastes on site
    for longer than 90 days at its aviation facility at 1200 North Airport Drive, Springfield,
    Sangamon County. The Agency states that failure to grant the provisional variance would
    impose an arbitrary or unreasonable hardship on Garrett.
     
    Section 35(b) of the Environmental Protection Act (415 ILCS 5/35(b) (2000)) provides:
     
    The Board shall grant provisional variances, only upon notification from the
    Agency that compliance on a short term basis with any rule or regulation,
    requirement or order of the Board, or with any permit requirement would impose
    an arbitrary or unreasonable hardship. Such provisional variances shall be issued
    within 2 working days of notification from the Agency. 415 ILCS 5/35(b) (2000);
    see also
    35 Ill. Adm. Code 104.302.
     
    A provisional variance lasts for no more than 45 days, but the Board can extend the time period
    up to an additional 45 days on the Agency’s recommendation. Provisional variances granted to
    one person cannot exceed a total of 90 days during any calendar year. 415 ILCS 5/36(c) (2000);
    35 Ill. Adm. Code 104.308.
     
    The Board grants Garrett a provisional variance from 35 Ill. Adm. Code 722.134(b) for
    the period of December 30, 2001 to January 29, 2002.
     
    IT IS SO ORDERED.
     
    If Garrett chooses to accept this provisional variance, it must execute a Certificate of
    Acceptance of all terms and conditions of this provisional variance and, within 10 days after the
    date of the above order, forward the executed certificate to the Agency at the following address:
     
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    Illinois Environmental Protection Agency
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, IL 62794-9276
     
    The form of the certificate is as follows:
     
    CERTIFICATE OF ACCEPTANCE
     
    Garrett Aviation, Inc. accepts and agrees to be bound by all terms and
    conditions of the Pollution Control Board’s January 10, 2002 order in
    PCB 02-93.
     
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2000);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    3
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 10, 2002, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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