ILLINOIS POLLUTION CONTROL BOARD
February 6, 1992
OLIN CORPORATION (East Alton
)
Facility),
)
)
Petitioner,
V.
)
PCB 92—20
)
(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, Olin Corporation (East Alton) for a
30 day provisional variance for its Madison 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 Ag.ency 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
February 9, 1992 to March 10, 1992.
IT IS SO ORDERED.
13 0—9
7
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
B9~j~,hereby certify~,ithatthe above Order was adopted on the
~ ~ day of ______________________________, 1992, by a vote of
Ill
Control Board
130—98