ILLINOIS POLLUTION CONTROL BOARD
    June 19, 2003
     
    GENERAL DYNAMICS ORDNANCE AND
    TACTICAL SYSTEMS, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-231
    (Provisional Variance - Land)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On June 17, 2003, the Illinois Environmental Protection Agency (Agency) recommended
    that the Board grant a 30-day provisional variance to General Dynamics Ordnance and Tactical
    Systems, Inc. (GDOTS). The provisional variance from the hazardous waste accumulation time
    requirements of 35 Ill. Adm. Code 722.134 would allow GDOTS to keep one 30-gallon drum of
    Black Powder Contaminated Material and eight 30-gallon drums of RP-1315 Propellant, wet
    with water on-site for longer than the allowable 90 days, due to unforeseen, temporary and
    uncontrollable circumstances. The GDOTS facility is located in Marion, Williamson County.
    An extension of the 90-day period via a provisional variance is specifically provided for in 35 Ill.
    Adm. Code 722.134(b). This would allow GDOTS to obtain the necessary approval from the
    U.S. Department of Transportation (DOT) prior to shipping the material. The Agency states that
    failure to grant the provisional variance would impose an arbitrary or unreasonable hardship on
    GDOTS.
     
    Section 35(b) of the Environmental Protection Act (415 ILCS 5/35(b) (2002)) provides:
     
    The Board shall grant provisional variances, only upon notification from the
    Agency that compliance on a short-term basis with any rule or regulation,
    requirement or order of the Board, or with any permit requirement would impose
    an arbitrary or unreasonable hardship. Such provisional variances shall be issued
    within two working days of notification from the Agency. 415 ILCS 5/35(b)
    (2002);
    see also
    35 Ill. Adm. Code 104.302.
     
    A provisional variance lasts for no more than 45 days, but the Board can extend the time period
    up to an additional 45 days on the Agency’s recommendation. Provisional variances granted to
    one person cannot exceed a total of 90 days during any calendar year. 415 ILCS 5/36(c) (2002);
    35 Ill. Adm. Code 104.308.
     
    The Board grants GDOTS a provisional variance pursuant to 35 Ill. Adm. Code
    722.134(b), subject to the following conditions:
     
     
      
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    1. The variance will begin on June 12, 2003, and continue until July 14, 2003, for
    one 30-gallon drum of Black Powder Contaminated Material.
     
    2. The variance will begin on June 11, 2003, and continue until July 11, 2003, for
    eight 30-gallon drums of RP-1315 Propellant, wet with water.
     
    IT IS SO ORDERED.
     
    If the General Dynamics Ordnance and Tactical Systems, Inc. chooses to accept this
    provisional variance, it must execute a Certificate of Acceptance of all terms and conditions of
    this provisional variance and, within ten days after the date of the above order, forward the
    executed certificate to the Agency at the following address:
     
    Illinois Environmental Protection Agency
    Bureau of Land, Compliance Assurance Section
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276.
     
    The form of the certificate is as follows:
     
    CERTIFICATE OF ACCEPTANCE
     
    General Dynamics Ordnance and Tactical Systems, Inc. accepts and
    agrees to be bound by all terms and conditions of the Pollution Control Board’s
    June 19, 2003 order in PCB 03-231.
     
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2002);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
     
     
      
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 19, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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