ILLINOIS POLLUTION CONTROL BOARD
August 13, 1992
R.D.T.
INDUSTRIES,
)
Petitioner,
v.
)
PCB 92—116
(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 12, 1992.
The recommendation refers to
a
request
from
Petitioner,
R.D.T.
Industries
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.
See 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.
Adm.
Code 722.134(b)
from July
23,
1992 to August 22,
1992.
IT IS SO ORDERED.
0135-0365
—2—
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Bo~~i,hereby cert
y that the above Order was adopted on the
/~U~i
day of
____________________,
1992,
by a vote of
7~
Dorothy M. 9lnn,
Clerk’
Illinois Po~J1.utionControl Board