ILLINOIS POLLUTION CONTROL BOARD
September 23, 1993
TRIAD CIRCUITS, INC.
Petitioner,
V.
)
PCB 93—176
(Provisional Variance)
ILLINOIS ENVIRONMENTAL
PROTECTION
AOENC’i,
)
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 Triad Circuits, Inc. in order to allow it to continue
accumulating hazardous waste for a period
in excess of 90 days.
Specifically, the Agency recommends that we grant a 23—day
provisional variance from the 90—day limitation on the storage of
hazardous wastes, as set forth in 35 Iii. Adin. Code 722.134(b),
for the period from September 9, 1993 to October 2, 1993. The
Agency Recommendation was filed September 21, 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 23-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 request?’ relief would impose an
arbitrary or unreasonable hardship, the Board hereby grants
Petitioner a provisional variance from 35 Ill. Adm. Code
722.134(b) from September 9, 1993 to October 2, 1993.
IT IS SC) ORDEPID.