ILLINOIS POLLUTION CONTROL BOARD

October 1, 1992

READETTE & DUNN,

)

Petitioner,

)

v.

)

PCB 92—137

)

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD (by J. C. Marlin):

This matter comes before the Board on receipt of an Agency

Recommendation dated September 29, 1992. The recommendation refers

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

its Winnebago 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 October 6, 1992 to November 4,

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. ~g 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 Il.. Adm. Code 722.134(b) from October

6, 1992 to November 4, 1992.

IT IS SO ORDERED.

0136-02149

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2

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, do hereby certify that the above~p~derwas adopted by the

Board on the /-~-~day of ___________________________, 1992,

by a vote of

7-~

Thorothy Mv?unn, Clerk

Illinois ~l1ution Control Board

0136-0250