ILLINOIS POLLUTION CONTROL BOARD
February 4, 1999
CHEM PROCESSING, INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 99-110
(Provisional Variance - RCRA)
ORDER OF THE BOARD (by C.A. Manning):
On February 2, 1999, the Illinois Environmental Protection Agency (Agency) filed a
request for a provisional variance and a notification of recommendation; an amended
recommendation was also filed the same day. The Agency initially recommends that the Board
grant a 30-day provisional variance; however, close examination of the recommendation
reveals that the Agency recommends that the Board grant an 18-day provisional variance. The
provisional variance would allow the petitioner’s Winnebago County facility to continue
accumulating hazardous waste for a period in excess of 90 days. In making its
recommendation, the Agency states that failure to grant the requested provisional variance for
18 days will result in an arbitrary or unreasonable hardship on the petitioner.
The Board is required, in a provisional variance, to adopt a formal order, assure formal
maintenance of the record, assure the enforceability of the variance, and provide notification
of the action by press release. Pursuant to Section 35(b) of the Environmental Protection Act
(415 ILCS 5/35(b) (1996)), the Board must issue the provisional variance within two days of
the filing. The Board grants the petitioner a provisional variance from the 90-day limitation on
the accumulation of hazardous wastes, as set forth in 35 Ill. Adm. Code 722.134(b), for the
period from January 6, 1999, to January 23, 1999.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 4th day of February 1999 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board