ILLINOIS POLLUTION CONTROL BOARD
    April 23,
    1992
    ~
    ~
    .AY
    ~ECYCLING
    AND
    DISPOSAL
    )
    ..,tCILITY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—56
    )
    (Provisional Variance)
    )
    ILLINOIS ENVIRONNENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by 3.
    C. Marlin):
    This matter comes before the Board upon receipt of an Agency
    Recommendation dated April 21, 1992.
    The recommendation refers to
    a request from Petitioner, Laraway Recycling and Disposal Facility
    for a 30 day provisional variance for its Will 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 provisionalvariance 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.
    1989,
    ch. 1ll~,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. Adm. Code 722.134(b)
    from April
    15,
    1992 to May 15, 1992.
    IT IS SO
    ORDERED.
    133—161
    —2—
    I, Dorothy H.
    Gunn,
    Clerk of the Illinois Pollution Control
    Boa,rd, hereby certify th~th~above Order was adopted on the
    ~
    day of
    -~~
    ,
    1992, by a vote of
    //
    ~
    Dorothy H.
    ç3’i~n, Clerk
    Illinois Po~UutionControl Board
    133—162

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