ILLINOIS

~OLLtY2ION

CONTROL

BQRD

March 9, 1989

CLARK OIL & REFINING CORPORATION,

(MADISON COUNTY,

L1190500002)

Petitioner,

v.

)

PCB 89—48

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by J. Marlin):

This matter comes before the Board

upon receipt

of an Agency

Recommendation dated March

8,

1989.

The recommendation refers

to

a request from Petitioner,

Clark Oil

& Refining Corporation for

a

30 day provisional variance from the 90—day on—site limitations

for hazardous wastes set forth

at

35 Ill. Adm.

Code 722.134(b).

Upon receipt of the request the Agency issued its

recommendation, concluding

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 Board concurs with

the Agency Recommendation;

Petitioner

is granted

a provisional variance

from 35

Ill. Mm.

Code

722.134(b)

from March

1,

1989

to March

31,

1989.

IT

IS SO ORDERED.

I,

Dorothy

M. Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Order

was adopted on

the

______________

day of

/7)’-~---?~

,

1989 by a vote

of

_______________

Illino

ution

Control

Board

97—14 1