ILLINOIS POLLUTION CONTROL BOARD
    September 17, 1992
    CABOT CORPORATION,
    )
    )
    Petitioner,
    V.
    )
    PCB 92—133
    )
    (Provisional Variance)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by 3. C. Marlin):
    This matter comes before the Board upon receipt of an Agency
    Recommendation dated September 15, 1992. The recommendation refers
    to a request from Petitioner, Cabot Corporation for a 30 day
    provisional variance for its Douglas County facility from the 90-
    day on-site limitations for hazardous wastes set forth in 35 Ill.
    Adin. Code 722.134(b).
    Upon receipt of the request the Agency issued its
    recommendation, finding that the hazardous wastes must remain on—
    site for longer than 90 days due to unforeseen, temporary and
    uncontrollable circumstances and 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. ~g Ill. Rev. Stat. 1989,
    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 request relief would impose an arbitrary and
    unreasonable hardship the Board hereby grants Petitioner a
    provisional variance from 35 Iii. Adm. Code 722.134(b) from
    September 2, 1992 to October 2, 1992 for the waste soil
    accumulation and from August 23, 1992 to September 22, 1992 for the
    waste water accumulation.
    IT IS SO ORDERED.
    0136-0081
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board hereby certify
    ___________
    day of
    _____________________
    ~j~bove
    order was1992,adoptedbyavoteofon the
    7—C.
    0136-0082

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