ILLINOIS POLLUTION CONTROL BOARD
    February 4, 1993
    MASONITE CORPORATION,
    )
    )
    Petitioner,
    )
    v.
    ) PCB 93-22
    ) (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 DuPage 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 14, 1993 to February 13,
    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
    14, 1993 to February 13, 1993.
    IT IS SO ORDERED.
    0139-0105
    2
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Boa~,
    do hereby certif~~thatthe above order was adopted on the
    4f~- day of __________________________, 1993, by a vote of
    Dorothy N. 36~’n, Clerk’
    Illinois Po~341tionControl Board
    0139-0 106

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