ILLINOIS POLLUTION CONTROL BOARD
February 6, 1992
ILLINOIS POWER (Clinton),
)
)
Petitioner,
)
v.
)
PCB 92—19
(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 February 4, 1992. The recommendation refers
to a request from Petitioner, Illinois Power for a 30 day
provisional variance for its DeWitt County facility from the 90-day
on-site limitations for hazardous wastes set forth in 35 Ill. Adin.
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. ~ 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 January
30, 1992 to February 29, 1992.
IT IS SO ORDERED.
130—95
—2—
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
B9~p1, hereby certify that the above Order was adopted on the
~‘:~
day of ________________________, 1992, by a vote of
~
DorothyM.,4~nn,
~7
c~rk
~
Illinois ~,Xlution Control Board
130—96