I

ILINOI

S POLLUTION CONTPOL

130AR1)

October

7,

1993

AMOCO OIL COMPANY,

Pet

itionui,

v.

)

PCB

93—181

(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 Amoco Oil Company 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 4—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 July 12, 1993 to July 15, 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 4—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.

Adni.

Code

722.134(b)

from July

12,

1993

to

July

~5,

1993.

IT

I ~

~o

eI~I)PIfl~)

---

2

I,

Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board,

do hereby certify that the above/. order was adopted

by the

Board on the

/,L

day of ____________________________

,

1993,

by

a vote of

________

2

~

‘(~~

/‘~

~

~

Dorothy M. ,4inn, Clerk

Illinois r~p11utionControl Board