ILLINOIS POLLUTION CONTROL BOARD
    December 19,
    1991
    AMOCO OIL COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91—248
    (Provisional Variance)
    ILLINOIS, ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    This matter comes before the Board upon receipt of an Agency
    Recommendation dated December 17, 1991.
    The recommendation refers
    to
    a
    request
    from
    Petitioner,
    Amoco
    Oil
    Company
    for
    a
    30
    day
    provisional
    variance
    from
    the
    90—day
    on—site
    limitations
    for
    hazardous wastes set forth in 35 111.
    Adm. Code 722.134(b).
    Upon
    receipt
    of
    the
    request
    the
    Agency
    issued
    its
    recommendation,
    finding ~thatthe 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
    December 31,
    1991 to January
    30,
    1992.
    IT IS SO ORDERED.
    J.D.
    DuTnelle and B. Forcade concurred.
    128—3 11
    —2—
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Order was adopted on the
    /9~
    day of ______________________________,
    1991,
    by a vote of
    Dorothy M. ,~inn, Clerk
    Illinois Po~.XlutionControl Board
    128—3 12

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