I

LLINO~

S

POLLUTION

CONTROL l~OARI)

October

7, 1993

BROWNING—FERRI S INDUSTRIES,

)

Pet it loner,

v.

)

PCI3 93—180

(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 Illinois Environmental

Protection Agency (Agency), by and through its Director, Mary A.

Gade, for Browning—Ferris Industries in order to allow it to

continue accumulating hazardous waste for a period in excess of

90 days. The Agency Recommendation was filed October 5, 1993.

Specifically, the Agency recommends that we grant a 30-day

provisional variance from the 90—day limitation on the storage of

hazardous wastes, as set forth in 35 Ill. Adm. Code 722.134(b),

for the period from September 22, 1993 to October 21, 1993. The

Agency Recommendation was filed October 5, 1993.

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 30-day provisional variance would impose an arbitrary

or unreasonable hardship on 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) &

(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

Petitioner a provisional variance from 35 Ill. Adm. Code

722.134(b)

from September

22,

1993 to October 21, 1993.

---

2

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, do hereby certify that the above oçder was adopted by the

Board on the 7’~’~ day of ___________________________, 1993,

by a vote of

7~~

~

~

Dorothy M.~/Gunn, Clerk

Illinois /t~’,óllution Control Board