ILLINOIS POLLUTION CONTROL BOARD
December 17,
1992
CLARI(
OIL & REFINING
)
CORPORATION,
)
Petitioner,
)
v.
)
PCB 92—206
)
(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 December 15, 1992. 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 Iii. Adm. Code
722.134(b), for the period from November 20, 1992 to December 20,
1992.
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
November 20, 1992 to December 20, 1992.
IT IS SO ORDERED.
OI38-0j73
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, do herebyj~tify that the Above order was adopted by the
Board on the / /~ day of
___________________________, 1992,
byavoteOf
~.
/~‘
Clerk
Illinois
ion Control Board
OI38-OI7L~