ILLINOIS POLLUTION CONTROL BOARD
    February 4,
    1993
    LAWRENCE
    BROTHERS,
    INC.,
    )
    )
    Petitioner,
    v.
    )
    PCB 93—20
    )
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by 3.C. Marlin):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated February 2,
    1993.
    The recommendation refers
    to a request from Petitioner,
    for a 30—day provisional variance
    for its Whiteside County facility from the 90-day limitation on
    the storage of hazardous wastes,
    as set forth in 35 Ill.
    Adia.
    Code 722
    .
    134 (b), for the period from January 14,
    1993 to February
    12,
    1993.
    Upon receipt of the request, the Agency issued its
    recommendation,
    finding 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.
    The responsibilities of the Agency and the Board in these
    short—term provisional variances are different from the
    responsibilities
    in standard variances.
    ~g
    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 finding that a
    denial of the requested 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
    January 14,
    1993 to February 12,
    1993.
    IT IS SO ORDERED.
    0139-0101
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Boa d, do hereby certify
    hat the above order was adopted on the
    day of
    ,~
    ,
    19.93, by a vote of
    ~
    /Jt.
    Dorothy N. ~nn,
    Clerk
    Illinois Pd~LLutionControl Board
    0139-0102

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