ILLINOIS POLLUTION CONTROL BOARD
August 13,
1992
CENTURY RESOURCES,
INC.,
)
Petitioner,
)
v.
)
PCB 92—115
)
(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 August 11,
1992.
The recommendation refers to
a request from Petitioner,
Century Resources,
Inc.
for
a
30 day
provisional variance for its Cook County facility from the 90-day
on-site limitations for 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
these
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
th.at
a
denial
of
the
request
relief
would
impose
an
arbitrary’
and
unreasonable
hardship
the
Board
hereby
grants
Petitior~er a
provisional variance from
35
Ill.
Adm. Code 722.134(b)
from July
22,
1992
to August
21,
1992.
IT IS SO ORDERED.
0135-0363
—2—
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,.~hereby certi
that the above Order was adopted on the
/~day of
______________________,
1992,
by a vote of
7)~
~
A
Dorothy M. ~4i~n,Clerk’
Illinois Pc4ution
Control Board
0135- 03613