ILLINOIS POLLUTION CONTROL BOARD
    April 20,
    1995
    THE FINISHING COMPANY,
    )
    )
    Petitioner,
    )
    V.
    )
    PCB 95—132
    )
    (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)), The Finishing Company has requested
    that the Illinois Environmental Protection Agency
    (Agency)
    recommend that the Board grant a provisional variance to allow
    The Finishing Company’s 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 Wednesday, April
    19,
    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—
    one (31)-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 April 10,
    1995 to May 10,
    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—one
    (31)—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
    2
    petitioner a provisional variance from 35 Iii. Adm. Code
    722.134(b)
    April 10, 1995 to May 10,
    1995.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby certify that the above order was adopted on the
    ~~Y~2~-day of __________________________,
    1995,
    by a vote of
    7—c
    .
    7L.
    Dorothy M,/~unn,Clerk
    Illinois (~~ollutionControl Board

    Back to top