ILLINOIS POLLUTION CONTROL BOARD
July 11, 1991
MOBIL CHEMICAL COMPANY,
)
Petitioner,
v.
)
PCB 91—116
)
(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 July 9,
1991.
The recommendation refers to
a request from Petitioner,
Mobil Chemical,
Company 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 June
11,
1991 to July 11,
1991.
IT IS SO ORDERED.
124—105
2
J.
D.
Duinelle and B. Forcade concurred.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby
Lt
the above Order was adopted on the
t/~i—
day of
1991, by a vote of
7-Cl
~
“4
Dorothy M//Gunn, Clerk
Illinois pollution Control Board
124—106