ILLINOIS POLLUTION CONTROL BOARD
February 7,
1991
PRECISION COATINGS,
INC.
)
)
Petitioner,
v
)
PCB 91—25
)
(Provisional Variance)
ILLINOIS ENVIRON~4ENTAL
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, Precision Coatings,
Inc.
for a 30
day provisional variance from the 90—day on—site limitations for
hazardous wastes set forth
in 35
Iii. 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. 1ll~,pars.
1035(b)
&
(C).
In provisional variances
it
is the responsibility oE 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 o~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
January 17, 1991
to February
16,
1991.
IT IS SO ORDERED.
B. Forcade and J. Theodore Meyer concurred.
I 18—297
—2—
I,
Dorothy M. Gunn, Clerk of
the Illinois Pollution Control
Board, hereby certify that t~eabove Order was adopted on
the
~
day of ____________________________,
1991,
by a
vote of
________
~~‘1
,~.
L~
Dorothy M. ~inn, Clerk
Illinois Pd~11utionControl Board
118—298