ILLINOIS POLLUTION CONTROL BOARD

February 23, 1989

E.D. ETNYRE AND COMPANY,

(Ogle County, L1410400002)

)

Petitioner,

v.

)

PCB 89—40

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

February 22,

1989.

The recommendation

refers

to

a request from Petitioner,

E.D.

Etnyre and Company for

a

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

for hazardous wastes set forth at

35 Ill.

Adrn.

Code 722.134(b).

Upon receipt of the request

Lhe 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.

Adm.

Code

722.134(b)

from January 10,

1989

to February

9,

1989.

IT

IS SO ORDERED.

I,

Dorothy M Gunri, Clerk of the Illinois Pollution Control

Board, hereby certify

that ~ie

above Order was adopted

on Lhe

2~’~-~

day of ________________________,

1989,

by

a vote of

7—c

~

j~J

Dorothy

M. inn,

Clerk,

Illinois PcLflution

Control

Board

96—297