ILLINOIS POLLUTION CONTROL BOARD
    December 2,
    1993
    CHICAGO EXTRUDED METALS,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 93—245
    )
    (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)), Chicago Extruded Metals requested
    that the Illinois Environmental Protection Agency (Agency)
    recommend that the Board grant a provisional variance to allow
    Chicago Extruded Metals 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 November 30,
    1993.
    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 six (6)-
    day provisional variance from the ninety (90)—day limitation on
    the storage of hazardous wastes, as set forth in 35 Ill.
    Adin.
    Code 722.134(b), for the period from November 6,
    1993 to November
    12,
    1993.
    The Agency Recommendation was filed November 30,
    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 six
    (6)—day provisional variance would in~posean
    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
    2
    arbitrary or unreasonable hardship, the Board hereby grants
    Petitioner a provisional variance from 35 Ill. Adm. Code
    722.134(b)
    from November
    6,
    1993 to November 12,
    1993.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board
    hereby certify
    hat the above order was adopted on the
    ______
    day of ___________________________,
    1993, by a vote of
    (~t.
    ~
    Dorothy M.
    G341~,Clerk
    Illinois Po)Q~tionControl Board

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