ILLINOIS POLLUTION CONTROL BOARD

June 20, 1991

CHEMICAL WASTE MANAGEMENT,

)

Petitioner,

V.

)

PCB 91—97

(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

Reconunendation dated June 18, 1991. The recommendation refers to

a request from Petitioner, Chemical Waste Management 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, concluding 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

respo~isibi1ities 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 May

16, 1991 to June 15, 1991.

IT IS SO ORDERED.

J. Dumelle and B. Forcade concurred.

---

—2—

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

Board, hereby certify that e above Order was adopted on

the

~

day of ____________________________, 1991, by a

vote of 7—0

•

liii.

ution Control Board