ILLINOIS POLLUTION CONTROL BOARD
    January 20, 1994
    HUBER BROTHERS CORPORATION,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—28
    (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)), Huer Brothers Corporation has
    requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow Huer Brother Corporation 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 18,
    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 Iii. Adm.
    Code 722.134(b), for the period from January 3, 1994 to February
    2, 1994. The Agency Recommendation was filed January 18,
    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.
    ~
    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 January 3, 1994 to February 2, 1994.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby cer
    1
    y that the above order was adopted on the
    ~
    day of __________________________, 1994, by a vote of
    ________
    /1
    //
    Dorothy N. Gu~n, Clerk
    Illinois Pol’Wtion Control Board

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