ILLINOIS POLLUTION CONTROL BOARD
    September 3, 1992
    AXZO CHEMICALS, INC.,
    )
    Petitioner,
    )
    v.
    )
    PCB 92—129
    )
    (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 September 1, 1992. 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. Adni.
    Code 722.134(b), for the period from July 14, 1992 to August 13,
    1992.
    Upon receipt of the request, the Agency issued its
    recommendation, finding that due to unforeseen, 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. See Ill. Rev. Stat.
    1991, 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
    enforceabiiity 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 and
    unreasonable hardship, the Board hereby grants Petitioner a
    provisional variance from 35 Ill. Adm. Code 722.134(b) from July
    14, 1992 to August 13, 1992.
    IT IS SO ORDERED.
    01 35-05141
    2
    I, Dorothy N. Gurin, Clerk of the Illinois Pollution Control
    Board, do hereby certify that the ai~oveprder was adopted by the
    Board on the
    ~ ~-~t
    day of __________________________, 1992,
    byavoteof
    7~-’ .
    ~
    ,~,
    /~~_‘~
    Dorothy N.
    )ii~~in,
    Clerk
    Illinois P~~utionControl Board
    0135-O5i~2

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