ILLINOIS POLLUTION CONTROL BOARD
    July 21, 1994
    TWICE OVER CLEAN, INC.,
    )
    Petitioner,
    v.
    )
    PCB 94—197
    )
    (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)), Twice Over Clean, Inc., has
    requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow Twice Over Clean, Inc., 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, July 20,
    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 June 15, 1994 to July
    14, 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 respoiisibilities 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 15, 1994 to July 14, 1994.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board~1dohereby certify that
    above order was adopted on the
    ~//.L/V
    day of ____________________________, 1994, by a vote of
    /
    (I
    ,7/T~L~,
    ~L ,/
    L~’DorothyM. G)~n, Clerk
    Illinois Po~ution Control Board

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