ILLINOIS POLLUTION CONTROL BOARD
    February 7, 1991
    Shell OIL COMPANY,
    )
    Petitioner,
    V.
    )
    PCB 91—24
    (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 5, 1991. The recommendation refers
    to a request from Petitioner, Shell Oil Company 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 are different from the
    responsibilities in standard variances. See Ill. Rev. Stat.
    1989, ch. 1l1~,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 Boardts 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. Mm. Code 722.134(b) from
    January 8, 1991 to February 7, 1991.
    IT IS SO ORDERED.
    B. Forcade and J. Theodore Meyer concurred.
    118—293
    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that
    above Order was adopted on
    the ?~‘ day of
    -ç
    ,
    1991, by a
    vote of
    _________.
    Dorothy M. ~(inn,Clerk
    Illinois Pollution Control Board
    118—294

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