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

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