ILLINOIS POLLUTION CONTROL BOARD
    March 16,
    1995
    AMERICAN NICKELOID COMPANY,
    )
    Petitioner,
    V.
    )
    PCB 95—101
    (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)), American Nickeloid Company
    (American)
    has requested that the Illinois Environmental
    Protection Agency
    (Agency) recommend that the Board grant a
    provisional variance to allow American’s facility
    in LaSalle
    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, March
    15,
    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 nineteen
    (19)-day provisional variance from the ninety
    (90)-day limitation
    on the accumulation of hazardous wastes,
    as set forth in 35 Ill.
    Adin. Code 722.134(b),
    for the period from February 13,
    1995 to
    March 3,
    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 nineteen (19)-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 Ill. Adm.
    Code
    722.134(b)
    February 13,
    1995 to March
    3,
    1995.
    IT IS SO ORDERED.
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby certify that the above order was adopted on the
    ~
    day of ___________________________,
    1995,
    by a vote of
    ~/:;~~
    ~
    ~
    /‘/~
    ~
    Dorothy N.
    Gi$n, Clerk
    Illinois Pollution Control Board

    Back to top