ILLINOIS POLLUTION CONTROL BOARD
July 11, 1991
GREATER ROCKFORD AIRPORT
)
AUTHORITY,
)
Petitioner,
)
v.
)
PCB 91—117
(Provisional Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by J.
C. Marlin):
This matter conies before the Board upon receipt of an Agency
Recommendation dated July 9,
1991.
The recommendation refers to
a request from Petitioner, Greater Rockford Airport Authority 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
19,
1991 to July 19,
1991.
IT IS SO ORDERED.
124—107
2
J.
D.
Dumelle and B.
Forcade concurred.
I,
Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Boar
hereby certi
th t the above Order was adopted on the
_______
day of ___________________________,
1991, by a vote of
7—~9
•
Dorothy M.~unn, Clerk
Illinois ~611ution Control Board
124—108