ILLINOIS POLLUTION CONTROL BOARD

October 29,

1992

CITY OF ELMHURST,

)

Petitioner,

)

 PCB 92—159

)

 (Provisional Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

 (by J.C. Marlin):

This matter comes before

 the Board

 on receipt

 of an Agency

Recommendation dated October 27,

 1992.

 The recommendation refers

to a request from Petitioner, for a 30-day provisional variance for

its

 DuPage

 County

 facility

 from the

 90-day

 limitation

on

the

storage

 of hazardous wastes,

as

set

 forth

in

35

 Ill.

 Adm.

 Code

722.134 (b), for the period from October

27,

 1992 to November 26,

1992.

Upon

 receipt

of

the

 request,

the

 Agency

 issued

its

recommendation,

 finding

 that

due

to

 unforeseen,

 temporary

and

uncontrollable circumstances, 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. 1991,

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

 requested

 relief

 would

 impose

an

 arbitrary

or

unreasonable

 hardship,

the

 Board

 hereby

 grants

 Petitioner

a

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

27,

 1992 to November 26,

 1992.

IT IS SO ORDERED.

37-009

2

I,

 Dorothy N.

 Gunn,

 Clerk of the Illinois Pollution Control

Board,

 do hereby~certifythat the a~bov~order was adopted by the

Board on the

~~/?/

 day of _________________________,

 1992,

by a vote of

/

‘~

~Dorothy

 M. ‘dunn,

 Clerk

Illinois pdllution Control Board

37-0092