ILLINOIS POLLUTION CONTROL BOARD

Nay 5,

1993

SCOTT AIR FORCE BASE,

)

Petitioner,

v.

)

PCB 93—81

(Provisional Variance)

ILLINOIS ENVIRONNENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by J.

Anderson):

This matter comes before the Board on receipt of an Agency

Recommendation dated May 4,

1993.

The recommendation refers to a

request from Petitioner,

for a 30—day provisional variance for

its

St.

Clair 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 April

21,

1993 to May 21,

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 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 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 April

21,

1993 to May 21,

1993.

IT IS SO ORDERED.

at

1~-UO53

---

2

I, Dorothy M.

Gunn,

Clerk of the

Illinois Pollution Control

Board,

do hereby certify that the above order was adopted by the

Board on the

~

day of __________________________,

1993,

by a vote of

_________

01

L~2-UO54

/

J

I

Control Board