ILLINOIS POLLUTION CONTROL BOARD
    February 28,
    1991
    WISCONSIN STEEL TRUST,
    )
    Petitioner,
    V.
    )
    PCB 91—35
    )
    (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 February
    26,
    1991.
    The recommendation
    refers
    to a request from Petitioner, Wisconsin Steel Trust
    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. ll1~,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
    4,
    1991 to April
    3,
    1991.
    IT IS SO ORDERED.
    B.
    Forcade and
    3.
    Theodore Meyer concurred.
    119—83
    —2—
    I, Dorothy M. Gunn,
    Clerk of
    the Illinois Pollution Control
    Board,
    hereby certify that ~he
    above Order was adopted on
    the
    ,~2T~Z-J
    day of ____________________________,
    1991, by a
    vote of
    _______
    Dorothy M.
    c~tnn,Clerk
    Illinois Po~4utionControl Board
    119—8 5

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