ILLINOIS POLLUTION CONTROL BOARD

January

9,

1992

ENTHONE-OMI,

Petitioner,

V.

)

PCB 92-6

(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

Recon~xaendationdated January

7,

1992.

The recommendation refers

to a request from Petitioner,

Ethone-Omi for a 30 day provisional

variance from the 90—day on—site limitations for hazardous wastes

set forth in 35

111. 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

wo~ild impose

an

arbitrary

and

unreasonable

hardship

the

Board

•hereby

grants

Petitioner

a

provisional variance from 35 Ill. Adm. Code 722.134(b) from January

6,

1992 to February 5,

1992.

IT IS SO ORDERED.

129—107

---

2

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Boar~..hereby certi~flthat the above Order was adopted on the

‘1~ day of ____________________________,

1991, by a vote of

~1,

-~

.

(~1iii7

~Dorothy M.4unn, Clerk

Illinois P~llutionControl Board

129—108