ILLINOIS POLLUTION CONTROL BOARD
    May 16, 2002
     
    PRECOAT METALS,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-200
    (RCRA Provisional Variance)
    ORDER OF THE BOARD (by C.A. Manning):
     
    On May 14, 2002, the Illinois Environmental Protection Agency (Agency)
    recommended that the Board grant a 30-day provisional variance to Precoat Metals (Precoat).
    The provisional variance from 35 Ill. Adm. Code 722.134(b) would allow Precoat to store
    hazardous wastes on-site for longer than 90-days at its facility located at 25 Northgate
    Industrial Drive, Granite City, Madison County. The Agency states that failure to grant the
    provisional variance would impose an arbitrary or unreasonable hardship on Precoat.
     
    Section 35(b) of the Environmental Protection Act (415 ILCS 5/35(b) (2000)) provides:
     
    The Board shall grant provisional variances, only upon notification from the
    Agency that compliance on a short term basis with any rule or regulation,
    requirement or order of the Board, or with any permit requirement would
    impose an arbitrary or unreasonable hardship. Such provisional variances shall
    be issued within 2 working days of notification from the Agency. 415 ILCS
    5/35(b) (2000);
    see also
    35 Ill. Adm. Code 104.302.
     
    A provisional variance lasts for no more than 45 days, but the Board can extend the time
    period up to an additional 45 days on the Agency’s recommendation. Provisional variances
    granted to one person cannot exceed a total of 90 days during any calendar year. 415 ILCS
    5/36(c) (2000); 35 Ill. Adm. Code 104.308.
     
    The Board grants Precoat a 30-day provisional variance from 35 Ill. Adm. Code
    722.134(b) from May 16, 2002 to June 15, 2002.
     
    IT IS SO ORDERED.
     
    If Precoat chooses to accept this provisional variance, it must execute a Certificate of
    Acceptance of all terms and conditions of this provisional variance and, within 10 days after
     
    2
    the date of the above order, forward the executed certificate to the Agency at the following
    address:
     
    Illinois Environmental Protection Agency
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    The form of the certificate is as follows:
     
    CERTIFICATE OF ACCEPTANCE
     
    Precoat accepts and agrees to be bound by all terms and conditions of the
    Pollution Control Board’s May 16, 2002 order in PCB 02-200.
     
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2000);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906,
    102.706. Illinois Supreme Court Rule 335 establishes filing requirements that apply when the
    Illinois Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335.
    The Board’s procedural rules provide that motions for the Board to reconsider or modify its
    final orders may be filed with the Board within 35 days after the order is received. 35 Ill.
    Adm. Code 101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on May 16, 2002, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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