ILLINOIS POLLUTION CONTROL BOARD

February 27, 1992

GATES RUBBER COMPANY,

)

)

Petitioner,

)

v.

)

PCB 92-32

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by

3.

C. Marlin):

This matter conies before the Board upon receipt of an Agency

Recommendation dated February 25, 1992. The recommendation refers

to a request from Petitioner, Gates Rubber Company for a 30 day

provisional variance for its Knox 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 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 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.

130—335

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—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board hereby certify t the above Order was adopted on the

______

day of ___________________________, 1992, by a vote of

~.

Dorothy M.,4unn, Clerk

Illinois ~l1ution Control Board

130—336