ILLINOIS POLLUTION CONTROL BOARD

February 25, 1993

U.S. ECOLOGY,

)

Petitioner,

v.

)

PCB 93—37

)

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by 3.C. Marlin):

This matter comes before the Board on receipt of an Agency

Recommendation dated February 23, 1993. The recommendation

refers to a request from Petitioner, for a 30—day provisional

variance for its Bureau County facility from the 90-day

limitation on the stàrage of hazardous wastes, as set forth in 35

Ill. Adm. Code 722.134(b), for the period from February 6, 1993

to March 8, 1993.

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. See 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. Adrn. Code 722.134(b) from

February 6, 1993 to March 8, 1993.

IT IS SO ORDERED.

0139-0639

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2

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

Board, do hereby certify that the above order was adopted on the

~

day of

~

,

1993, by a vote of

Dorothy M. unn, Clerk

Illinois Pollution Control Board

0 I 39-06~O