ILLINOIS POLLUTION CONTROL BOARD
July 30,
1992
WASTE MANAGEMENT OF ILLINOIS,
)
)
Petitioner,
V.
)
PCB 92—114
)~
(Provisional Variance)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by J.
C. Marlin):
This matter comes before the Board upon receipt of an Agency
Recommendation dated July 22,
1992.
The recommendation refers to
a request from Petitioner,
Waste Management of Illinois for a
30
day provisional variance for its Cook County facility from the 90—
day on-site limit~tionsfor hazardous wastes set forth in 35
Ill.
Adm. 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
the~se
short—term
provisional
variances
are
different
from
the
responsibilities in standard variances.
~
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 Ill.
Adin.
Code 722.134(b) from July 8,
1992 to August
7,
1992.
IT IS SO ORDERED.
0135-0203
—2—
I,
Dorothy M.
Gunn,
Clerk
of the Illinois Pollution Control
Board, hereby certif
hat the above order was adopted on the
~Ci.
day of
___________________,
1992, by a vote of
~
~
~N
Dorothy M. G4n, Clerk
Illinois P0LAition
Control Board
0135 -02014