ILLINOIS POLLUTION CONTROL BOARD

April 4, 1996

RICHARDSON ELECTRONICS, LTD.,

)

)

Petitioner,

)

)

PCB96-210

v.

)

(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)), Richardson Electronics Ltd. (Richardson) has requested that the Illinois

Environmental Protection Agency (Agency) recommend that the Board grant a provisional

variance to allow Richardson’s facility in Kane 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 Thursday, April

4, 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 March 28, 1996 to April 27, 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. (S~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.

---

2

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 722.134(b) from March 28, 1996

to April 27, 1996.

Section 41 ofthe Act (415 ILCS 5/41 (1994)) provides for the appeal of final Board

orders within 35 days of the date of service of this order. The Rules of the Supreme Court of

Illinois establish filing requirements. (See also

35

Ill. Adm. Code 101.246 “Motions for

Reconsideration.”)

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 ~/Z?’ day of

___________,

1996, by a vote of

7-

c

.

~

~

Dorothy M. G

,

Clerk

Illinois Pollution Control Board