ILLINOIS POLLUTION CONTROL BOARD
    April 9, 1992
    MODERN PLATING CORPORATION,
    )
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—52
    )
    (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 April 7, 1992. The recommendation refers to
    a request from Petitioner, Modern Plating Corporation for a 30 day
    provisional variance for its Stephenson 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 March
    12, 1992 to April 11, 1992.
    IT IS SO ORDERED.
    132—145
    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    BoarcL~herebycertify thaj the above order was adopted on the
    ~
    day of __________________________, 1992, by a vote of
    7~°.
    Ii
    Control Board
    132—146

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