ILLINOIS POLLUTION CONTROL BOARD
    February 15, 2001
    CID RECYCLING AND DISPOSAL
    FACILITY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 01-114
    (Provisional Variance – RCRA)
    ORDER OF THE BOARD (by C.A. Manning):
    On February 13, 2001, the Illinois Environmental Protection Agency (Agency) filed a
    request for a provisional variance and notification of recommendation. The Agency
    recommends that the Board grant a two-day provisional variance to the CID Recycling and
    Disposal Facility (CID) for its facility located in Calumet City, Cook County, Illinois. The
    requested variance is from the hazardous waste accumulation time limitations of 35 Ill. Adm.
    Code 722.134 for 3,300 gallons of flammable, gas plant hydrocarbon waste. On January 22,
    2001, a tanker truck arrived at the facility to remove the hydrocarbon waste from the 90-day
    tank. The truck was unable to remove the waste from the tank, due to a hardened residue from
    a previously transported load of tar-like material. Attempts to unplug the suction mechanism
    were unsuccessful, and thus the waste could not be removed from the tank. A truck returned
    two days later, that is on day 92 (two days longer than allowed), and removed the hydrocarbon
    waste.
    In making its recommendation, the Agency states that failure to grant the requested
    provisional variance for two days will result in an arbitrary or unreasonable hardship on the
    petitioner.
    The Board is required, in a provisional variance, to adopt a formal order, assure formal
    maintenance of the record, assure the enforceability of the variance, and provide notification of
    the action by press release. Pursuant to Section 35(b) of the Environmental Protection Act
    (415 ILCS 5/35(b) (1998)), the Board must issue the provisional variance within two days of
    the filing.
    The Board grants the petitioner a provisional variance from 35 Ill. Adm. Code
    722.134, for the period from January 22, 2001, through January 24, 2001.
    IT IS SO ORDERED.
    2
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.520, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 15th day of February 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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