ILLINOIS POLLUTION CONTROL BOARD
September 12,
1991
LAWRENCE BROTHERS,
INC.
#2
Petitioner,
v.
)
PCB 91—165
(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 September 19, 1991.
The recommendation refers
to
a request from Petitioner,
Lawrence Brothers Inc.
#2
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 2,
1991 to October 2,
1991.
IT IS SO ORDERED.
J.
D. Dumelle concurred.
126—95
—2—
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board~j~erebycertify, 1~a~theabove Order was adopted on the
t~~dayof
~‘
/
,
1991, by a vote of
7-0
.
‘~
Dorothy M. ~
Clerk
Illinois P~~lutionControl Board
.
.
126—96