ILLINOIS POLLUTION CONTROL BOARD

January 7,

1993

LAXE LAMDFILL GAS RECOVERY

FACILITY,

Petitioner,

V

PCB93—6

(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 January 6, 1993.

The recommendation refers

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

variance

for its Cook County facility from the 90-day limitation on

the

storage of hazardous wastes, as set forth in 35 Ill. Ads. Code

722.134(b), for the period from

December

23, 1992 to

January

21,

1993.

Upon receipt of the request, the Agency

issued its

recommendation,

finding that due to unforessn, 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.

~

Ill. Rev. Stat.

1991,

cli.

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. Ads. Code 722.134(b) from

December 23,

1992 to January 21,

1993.

IT IS SO ORDERED.

Ol38-O3L4~

---

I, Dorothy

11. Gunn, Clerk of

the

Illinois Pollution control

Board, do hereby certif

that the above order was adopted on the

7~-~

day of __________________________,

1993, by a vote

Of

5~Z~

.

~

Dorothy H. ~)thn,Clerk

Illinois Pc(llution Control Board

0138- O3•~2