ILLINOIS POLLUTION CONTROL BOARD

January 6,

1994

MAJOR

REFLECTOR

PRODUCTSI

)

)

Petitioner,

v.

)

PCB

94—IS

(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)), Major Reflector Products has

requested that the Illinois Environmental Protection Agency

(Agency)

recommend

that

the

Board

grant a provisional variance to

allow

Major

Reflector

Products 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 Tuesday, January

4,

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 storage of hazardous wastes,

as set forth in 35 Ill.

Adin.

Code 722.134 (b), for the period from November 15,

1993 to

December 15,

1993.

The Agency Recommendation was filed January

4,

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 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.

(~g415 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

---

2

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 Iii. Ada. Code

722.134(b)

from November 15,

1993 to December

15,

1993.

IT IS SO ORDERED.

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

Bo~rd do hereby cert

that the above order was adopted on the

______

day

of __________________________

1994, by a vote

of

~

a...

Dorothy N. ç4~mn, Clerk

Illinois Pollution Control Board