ILLINOIS POLLUTION CONTROL BOARD

February 4, 1993

LACLEDE STEEL COMPANY, INC.,

)

Petitioner,

)

v.

)

PCB 93—21

)

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD (by J. 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 Madison County facility 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 January 23, 1993 to February 22,

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. See 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

23, 1993 to February 22, 1993.

IT IS SO ORDERED.

0139-0103

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

Boa,~,~dohereby cert y that the above order was adopted on the

_______

day of

-

,

1993, by a vote of

Dorothy N

Illinois

Control Board

0I39-010L~