ILLINOIS POLLUTION CONTROL BOARD
October 29,
1992
LAWRENCE BROTHERS,
INC.,
)
Petitioner,
v
)
PCB 92—160
(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 Whiteside County facility from the
90-day limitation on the
storage
of hazardous wastes,
as set forth
in
35
111.
Adm.
Code
722.134(b),
for the period
from October
4,
1992
to November
3,
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. Adni. Code 722.134(b) from October
4,
1992 to November
3,
1992.
IT IS SO ORDERED.
0
37-0093
2
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
do hereby certify that the abov.e~ordei
was adopted by the
Board on the
~
day of ____________________________,
1992,
by
a vote of
7~-
~
Control Board
0
37-OO9~