ILLINOIS POLLUTION CONTROL BOARD
    March 26, 1992
    KEARNEY-NATIONAL, INC.,
    )
    Petitioner,
    )
    v.
    )
    PCB 92-46
    (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 March 24, 1992. The recommendation refers to
    a request from Petitioner, Kearney—National, Inc. for a 30 day
    provisional variance for its Cook 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. ~ 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.
    In this instance, the Agency has recommended that the Board
    grant a 32-day provisional variance. This exceeds the 30 days
    allowed by 35 Ill. Adm. Code 722.134(b). The Agency recommendation
    indicates that the accumulation start date for the instant wastes
    was December. 10, 1991. Therefore, the 90 day accumulation time
    allowed by 35 Ill. Adm. Code 722.134(a) expired on March 9, 1992.
    For these reasons, the Board will grant the provisional variance as
    commencing on March 9, 1992, as recommended by the Agency, and
    ending on April 8. 1992, two days before the time recommended by
    •the Agency.
    131—545
    —2—
    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 March
    9, 1992 to April 8, 1992.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on the
    ‘~day of ___________________________, 1992, by a vote of
    g(,
    Dorothy M.4i~nn, Clerk
    Illinois lution Control Board
    13 1—546

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