ILLINOIS POLLUTION CONTROL BOARD
    May 7,
    1992
    ADVANCE EXCELLO COLORS,
    )
    Petitioner,
    v.
    )
    PCB 92-65
    )
    (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 May 6,
    1992.
    The recommendation refers to a
    request
    from
    Petitioner,
    Advance
    Excello
    Colors
    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. Mm.
    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 April
    28,
    1992 to May 28,
    1992.
    IT IS SO ORDERED.
    133—291

    —2—
    I,
    Dorothy
    M.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board,
    hereby certify that the above order was adopted on the
    7~
    day of
    /
    ,
    1992, by a vote of
    ‘7/
    kJ
    ~Dorothy M.
    nfl, Clerk
    Illinois P
    lution Control Board
    133—2
    9
    2

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