ILLINOIS POLLUTION CONTROL BOARD
    April 25, 1991
    INDUSTRIAL HARD CHROME,
    Petitioner,
    v.
    )
    PCB 91—68
    (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 A~~il23, 1991. The recommendation refers
    to a request from Petitioner, industrial Hard Chrome for a 30 day
    provisional variance from the 90—day on—site limitations for
    hazardous wastes set forth in 35 111. 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
    resoonsib~lities in standard variances. See Ill. Rev. Stat.
    1989, ch. ll~, Dars. 1035(b) & (c). in crovisional variances it
    is the res~ons~b~1~tyof the Acencv to make the technical
    determenat:cns and f:ndinc of arbitrary or unreasonable
    hardship. The Board1s 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 :-ecuest 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 April
    17, 1991 to May 17, 1991.
    IT IS SO ORDERED.
    J.D. Dumelle and B. Forcade concurred.
    121—659
    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify th~tthe above Order was adopted on
    the ~
    day of
    ,~7,e,L.
    ,
    1991, by a
    vote of
    ~
    ~.
    ~
    Dorothy M. G~iinn, Clerk
    Illinois Pdllution Control Board
    12 1—6 60

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