ILLINOIS POLLUTION CONTROL BOARD

March 14, 1991

NUTRASWEET,

Petitioner,

v.

)

PCB 91—43

)

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (J.C. Marlin):

This matter comes before the Board upon receipt of an Agency

Recommendation dated March 12, 1991. The recommendation refers

to a request from Petitioner, Nutrasweet 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 ar different from the

responsibilities in standard variances. See Ill. Rev. Stat.

1989, ch. lll~, 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 March

11, 1991 to April 10, 1991.

IT IS SO ORDERED.

B. Forcade concurred.

120—85

---

—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, h~reby certify that the above Order ~was adopted on

the /-~‘-~day of

________________________,

1991, by a

vote of

7—~

Ill

S

hut Control Board

120—86