.LLL.LI’1U.LS
    k’ULLUTJ.OI’J CONTROL BOARD
    October 19, 1995
    DUO-FAST CORPORATION,
    )
    Petitioner,
    V.
    )
    PCB 96-81
    (Provisional Variance-RCRA)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by C. A. Manning):
    Pursuant to Section 35(b) of the Environmental Protection
    Act (Act) (415 ILCS 5/35(b)), Duo-Fast Corporation has (Duo-Fast)
    requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow Duo—Fact’c facility in Cook County to continue accumulating
    hazardous waste for a period in excess of ninety (90) days. Such
    request for a provisional variance and the Notification of
    Recommendation were filed with the Board by the Agency on
    Tuesday, October 17, 1995. 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 thirty
    (30)—day provisional variance from the ninety (90)-day limitation
    on the accumulation of hazardous wastes, as set forth in 35 Iii.
    Adm. Code 722.134(b), for the period from October 8, 1995 to
    November 7, 1995.
    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 thirty (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.
    (~
    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 from 35 Ill. Adin. Code
    722.134(b) October 8, 1995 to November 7, 1995.
    IT IS SO ORDERED.
    Board Member ~J.Theodore Meyer voted present.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, ~o hereby certify ~ha. the above order wac adopted on the
    j9zi~
    day of
    ____________________________,
    1995, by a vote of
    _____.
    Dorothy M./~unn, Clerk
    Illinois ~illution Control Board

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