ILLINOIS POLLUTION CONTROL BOARD

January 4, 1996

ENVIRITE CORPORATION,

Petitioner,

v.

PCB 96—150

(Provisional Variance)

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)), Envirite Corporation has requested

that the Illinois Environmental Protection Agency (Agency)

recommend that the Board grant a provisional variance to allow

Envirite Corporation 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 was

filed with the Board by the Agency on Tuesday,

January

2, 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 thirty

(30)-day provisional variance from the ninety (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, 1996 to

February 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 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 or 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 from 35 Ill. Adm. Code

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4

722.134(b) from January 6, 1996 to February 5, 1996.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, do hereby certif that the above order was adopted on the

4.tt dayof ____________________,1996, byavoteof

Dorothy

I’J4

Gunn, Clerk

Illinois (pollution Control Board