ILLINOIS POLLUTION CONTROL BOARD
    August 11,
    1994
    THE FINISHING COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—217
    (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)), 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 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,
    August 10,
    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 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 August 3,
    1994 to
    September 1,
    1994.
    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
    Iii. Adm. Code
    2
    722.134(b)
    August
    3,
    1994 to September
    1,
    1994.
    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
    //t~-
    day of ___________________________,
    1994, by a vote of
    Dorothy N.
    Gi3~fn, Clerk
    Illinois Pol4Xition Control Board

    Back to top