ILL1NOIS POLLUTION CONTROL BOARD
    February 1, 1996
    VERSAR, iNC.,
    )
    Petitioner,
    )
    )
    v.
    )
    PCB96-167
    )
    (Provisional Variance
    -
    RCRA)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by C.A, Manning):
    Pursuant to Section 35(b) ofthe Environmental Protection Act (Act) (415 ILCS 5/35(b)),
    Versar, Inc. (Versar) has requested that the Illinois Environmental Protection Agency (Agency)
    recommends that the Board grant a provisional variance to allow Versar’s facility in Cook County
    to continue accumulating hazardous waste for a period in excess of90 days. Such request for a
    provisional variance and the Notification ofRecommendation were filed with the Board by the
    Agency on Tuesday, January 30, 1996. Pursuant to Section
    35(b)
    of the Act, the Board must
    issue the variance within two (2) days ofthis filing.
    Specifically, the Agency recommends that wegrant a 30-day provisional variance from the
    90-day limitation on the accumulation ofhazardous wastes, as set forth in 35 III. Adm. Code
    722.134(b), for the period from February 4, 1996 to March 5, 1996.
    Upon receipt ofthe 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.
    (~
    415 ILCS
    5/35(b)
    & 36(c)). In provisional variances
    it is the responsibility ofthe Agency to make the technical determinations and finding ofarbitrary
    or unreasonable hardship. The Board’s responsibility is to adopt aformal 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.
    2
    Having received the Agency recommendation notifying the Board that a denial ofthe
    requested relief would impose an arbitrary or unreasonable hardship, the Board herebygrants the
    petitioner a provisional variance from
    35
    Iii. Adm. Code 722.134(b) February 4, 1996 to March
    5,
    1996.
    IT IS SO ORDERED.
    Section 41 ofthe Act (415 ILCS 5/41 (1994)) provides for the appeal offinal Board
    orders within 35 days ofthe date of service ofthis order. The Rules ofthe Supreme Court of
    illinois establish filing requirements. (See also
    35
    Ill. Adm. Code 101.246 “Motions for
    Reconsideration.”)
    I, Dorothy M. Gunn, Clerk ofthe Illinois
    Control Board, hereby certify that the
    above order was adopted on the/M’ day of
    1996, by a vote of
    7-0
    Clerk
    illinois
    Control Board

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