ILLINOIS POLLUTION CONTROL BOARD
    March 17, 1994
    ILLINOIS POWER COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—90
    )
    (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)), Illinois Power Company has
    requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow Illinois Power 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
    was filed with the Board by the Agency on Wednesday, March 16,
    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.
    Adin. Code 722.134 (b), for the period from February 19, 1994 to
    March 20, 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
    2
    petitioner a provisional variance from 35 Ill. Adm. Code
    722.134(b) from February 19, 1994 to March 20, 1994.
    IT IS SO ORDERED.
    N. McFawn Abstained.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board do hereby certify that the above order was adopted on the
    / 7~ day of _____________________________, 1994, by a vote of
    Thorothy M. G
    ,
    ~
    Clerk
    /~
    Illinois P0 1 tion Control Board

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