Section 104.238  Standard of Review

a)         The Board may grant individual variances beyond the limitations prescribed by the Act, whenever it is found, upon presentation of adequate proof, that compliance with any rule or regulation, requirement or order of the Board would impose an arbitrary or unreasonable hardship.  [415 ILCS 5/35(a)]  The burden of proof in a variance proceeding is on the petitioner.

b)         In addition to subsection (a) the Board may grant a RCRA variance only to the extent consistent with, and with conditions no less stringent than, those that would be required by RCRA and 40 CFR 260, 261, 262, 263, 264, 265, 266, 267, 268, and 270.  Variances must require compliance with the regulations in the shortest practicable time.

(Source:  Amended at 41 Ill. Reg. 10049, effective July 5, 2017)