ILLINOIS POLLUTION CONTROL BOARD
January 9, 1992
THIELE-ENGDAHL, INC.,
Petitioner,
)
v.
)
PCB 92-4
)
(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 January 7, 1992. The recommendation refers
to a request from Petitioner, Thiele-Engdahl, Inc. for a 30 day
provisional variance 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. ~g 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
December 25, 1991 to January 24, 1992.
IT IS SO ORDERED.
129—103
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify
th~t
the above Order was adopted on the
~ day of ___________________________, 1991, by a vote of
/~
I
~Dorothy M./Gunn, Clerk
I1linois~Pollution Control Board
129—104