ILLINOIS POLLUTION CONTROL BOARD
    November 7, 1991
    ILLINOIS DEPARTMENT OF
    )
    TRANSPORTATION
    -
    DISTRICT ONE,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91—209
    )
    (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
    Recommendation dated November 5. 1991. The recommendation refers
    to a request from Petitioner, Illinois Department of Transportation
    -
    District One for a 30 day provisional variance 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. Adin. Code 722.134(b) from October
    24, 1991 to November 23, 1991.
    IT IS SO ORDERED.
    J.D. Dumelle and B. Forcade concurred.
    12 7—3 7
    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Boa~r~hereby certify
    tli
    the above Order was adopted on the
    ______
    day of ___________________________, 1991, by a vote of
    /
    ~
    ~‘
    Dorothy M. ,~nn, Clerk
    Illinois Pállution Control Board
    127—3 8

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