ILLINOIS POLLUTION CONTROL BOARD
    January 24,
    1991
    KOPPERS INDUSTRIES,
    INC.,
    )
    Petitioner,
    )
    v.
    )
    PCB 91—14
    )
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.C. Marlin):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated January 23,
    1991.
    The recommendation refers
    to a request from Petitioner,
    for a 30—day provisional variance
    from the 90—day limitation on the storage of hazardous wastes,
    as
    set forth in 35 Iii. Adm. Code 722.134(b),
    for the period from
    December 31,
    1990 to January 29,
    1991.
    Upon receipt of the request, the Agency issued its
    recommendation,
    finding that due to unforeseen, temporary and
    uncontrollable circumstances, 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.
    ~
    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 requested relief would impose an arbitrary and
    unreasonable hardship, the Board hereby grants Petitioner a
    provisional variance from 35
    Ill.
    Admn. Code 722.134(b)
    from
    December 31,
    1990 to January 29,
    1991.
    IT IS SO ORDERED.
    J.D. Dumelle, J.T. Meyer,
    and B. Forcade concurred.
    118—181
    2
    I, Dorothy H.
    Gunn, Clerk of the Illinois Pollution Control
    Board
    do hereb
    Order was adopted on the
    day of _____________________________
    7—c
    .
    ~
    the above
    ,
    1991, by a vote of
    Control Board
    118—182

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