ILLINOIS POLLUTION CONTROL BOARD

Nay 7, 1992

OAK GRIGSBY,

Petitioner,

)

v.

)

PCB 92—66

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,         

)

Respondent.

ORDER OF THE BOARD (by 3. 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, Oak Grigsby for a 30 day provisional

variance for its McHenry County facility from the 90—day on-site

limitations for nazardous 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 May 3,

1992 to June 2, 1992.

IT IS SO ORDERED.

133— 29:3

—2—

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

Board, hereby certify that the above order was adopted on the

day of ___________________________, 1992, by a vote of

~

~Dorothy M. ~unn, Clerk

Illinois P6llution Control Board

1 33—294