ILLINOIS POLLUTION CONTROL BOARD
    June 22,
    1995
    DREISILKER,
    )
    Petitioner,
    )
    v.
    )
    PCB 95—178
    (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)), Dreisilker has requested that the
    Illinois Environmental Protection Agency
    (Agency) recommend that
    the Board grant a provisional variance to allow Dreisilker’s
    facility in DuPage 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, June 21,
    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
    (30)—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 June 8,
    1995 to July 8,
    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 (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 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
    petitioner a provisional variance from 35 Ill. Adm. Code
    2
    722.134(b)
    June 8,
    1995 to July 8,
    1995.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, do hereby certify
    at the above order was adopted on the
    ~“—~day
    of __________________________,
    1995,
    by a vote of
    ‘/7
    /,~
    t-~Z~7
    2~
    Dorothy N. /~1nn, Cldrk
    Illinois P9~lutionControl Board

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