ILLINOIS POLLUTION CONTROL BOARD
    February
    7,
    1991
    PRECOAT METALS,
    Petitioner,
    v.
    )
    PCB 91—26
    )
    (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,
    Precoat Metals for a
    30 day
    provisional variance
    from the 90—day on—site limitations for
    hazardous wastes set forth in
    35
    Ill.
    Adrn. 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. l11~,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
    January 31,
    1991 to March
    3,
    1991.
    IT IS SO ORDERED.
    B. Forcade and J. Theodore Meyer concurred.
    118—30 1
    —2--
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that t~ above Order was adopted on
    the
    7~-
    day of ____________________________,
    1991,
    by a
    vote of
    —0
    Dorothy M. 9~nn,Cle~k
    Illinois Po~’lutionControl Board
    118—302

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