ILLINOIS POLLUTION CONTROL BOARD

November 21, 1991

PLASTOFILM INDUSTRIES, INC.,

)

Petitioner,

)

v.

)

PCB 91—226

)

(Provisional Variance)

ILLINOI~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 19, 1991. The recommendation refers

to a request from Petitioner, Plastofilm Industries, Inc. for a 30

day provisional variance from the 90—day on—site limitations for

hazardous wastes set forth in 35 Iii. 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.

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

November 20, 1991 to December 20, 1991.

IT IS SO ORDERED.

J.D. Duinelle concurred.

12 7—247

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—2—

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

Board, hereby certify th the above Order was adopted on the

~/-~

day of

/

,

1991, by a vote of

________

.

/7

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on Control Board