ILLINOIS POLLUTION CONTROL BOARD

December

6,

1989

BFI/JUNCTION

Petitioner,

v.

)

 PCB 89—197

(Provisional Variance)

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 December

5,

 1989.

 The recommendation refers

to a request from Petitioner, BFI/Junction

for

a

 30 day

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

hazardous wastes set

 forth

 in 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.

Petitioner

 is hereby granted

 a provisional variance

from

35

Ill.

 Adrri.

 Code 722.134(b)

 from November

6,

1989

 to December

6,

1989.

IT

 IS SO ORDERED.

I,

 Dorothy M. Gunn, Clerk of

 the Illinois Pollution Control

Board, )iereby certify

 th~at the above Order was adopted

on

the

~

 day of

 1989,

by

a

vote of

___________

 //~~

~Dorothy

M.

 Gunn, Clerk

Illinois Pollution Control Board

lfl(S—71