ILLINOIS POLLUTION CONTROL BOARD

March 25, 1993

QUEBECOR PRINTING,

Petitioner,

v.

)

PCB 93-63

)

(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 March 25, 1993. The recommendation refers

to a request from Petitioner, for a 30—day provisional variance

for its Ogle 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 March 19, 1993 to April 17, 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. ~ 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 March

19, 1993 to April 17, 1993.

IT IS SO ORDERED.

01 L~O-O26g

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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 ~5~day of _______________________, 1993,

by a vote of

________

~

~U.

‘~or~thyM. G~1n, Clerk’

Illinois Po4~ütionControl Board

01t30-0270