ILLINOIS POLLUTION CONTROL BOARD
    September 9,
    1993
    ILLINOIS DEPARTMENT OF
    )
    TRANSPORTATION,
    Petitioner,
    v.
    )
    PCB 93—167
    )
    (Provisional Variance)
    ILLINOIS ENVIRONNENTAL
    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 Illinois Department of Transportation in order to allow
    it to continue accumulating hazardous waste for
    a period in
    excess of
    90 days.
    The Agency Recommendation was filed September
    7,
    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 August 23,
    1993 to September 22,
    1993.
    The
    Agency Recommendation was filed September
    7,
    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)
    (1992)
    (Ill. Rev.
    Stat.
    1991,
    ch.
    111½,
    pars.
    1035(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
    2
    Petitioner a provisional variance from 35
    Ill. Adm. Code
    722.134(b)
    from August 23,
    1993 to September 22,
    1993.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunri,
    Clerk of the Illinois Pollution Control
    Boar4~.do hereby certify ,that the above order was adopted on the
    9~~(
    day of
    r
    ,
    1993,
    by a vote of
    ~
    Dorothy N.
    .Gunn,
    Clerk
    Illinois Pollution Control Board

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