ILLINOIS POLLUTION CONTROL BOARD
November 3,
1994
S
&
S ENTERPRISES,
)
Petitioner,
)
v.
)
PCB 94—317
)
(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)),
5 &
S Enterprises has requested
that the Illinois Environmental Protection Agency (Agency)
recommend that the Board grant a provisional variance to allow
S
& S Enterprises’s gasoline dispensing operation (service station)
to continue operating even though it will not install operational
vapor recovery equipment by November 1,
1994.
This provisional
variance is being requested because the station is being
demolished, and will be rebuilt and equipped with Stage II
gasoline vapor recovery equipment during the rebuild.
This
request for a provisional variance and the Notification of
Recommendation was filed with the Board by the Agency on Tuesday,
November
1,
1994.
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 S
&
S
Enterprises a forty—five
(45)-day provisional variance for its
facility located at Route 41 and Wadsworth Road, Wadsworth, Lake
County,
Illinois in the Chicago metropolitan statistical area
from the Stage II vapor recovery requirements,
as set forth in 35
Ill. Adm. Code 218.586,
for the period beginning November 1,
1994,
and continuing for forty-five
(45)-days or until demolition
commences, whichever comes first.
Upon receipt of the request, the Agency issued its
recommendation, notifying the Board that the failure to grant the
requested forty—five (45)—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
2
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 218.586,
subject to the following conditions:
1.
The term of this provisional variance shall commence on
November
1,
1994,
and continue for forty—five
(45)-days or
until demolition commences, whichever comes first.
2.
The petitioner shall notify the Agency upon
installation of the Stage II gasoline vapor recovery
equipment, by sending notification addressed as follows:
Mr. Terry Sweitzer,
P.E.
Manager, Air Monitoring Section
Illinois Environmental Protection Agency
Division of Air Pollution Control
P.O. Box 19276
Springfield, Illinois
62794—9276
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
_______________________________,
1994, by a vote of
I
Control Board