ILLINOIS POLLUTION CONTROL BOARD

September 12,

1991

LAWRENCE BROTHERS,

INC.

#1

)

Petitioner,

V.

)

PCB 91—164

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTIIDN AGENCY,

Respondent.

ORDER OF THE BOARD

(by J.

C. Marlin):

This matter comes before the Board upon receipt of an Agency

Recommendation dated September 10, 1991.

The recommendation refers

to a request from Petitioner,

Lawrence Brothers, Inc.

#1 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.

Adm.

Code

722.134(b)

from

September

1,

1991 to October 1,

1991.

IT IS SO ORDERED.

J.D. Dumelle concurred.

126—93

---

—2—

I,

Dorothy N.

Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify ~at

the above Order was adopted on the

~

day of ___________________________,

1991, by a vote of

/22

Dorothy N. ~nn,

Cl4rk

Illinois P~lutionControl Board

126—94