ILLINOIS POLLUTION CONTROL BOARD
    June 23,
    1994
    BURLINGTON
    ENVIRONMENTAL
    INC
    •,
    Petitioner,
    V.
    )
    PCB 94—177
    )
    (Variance)
    )
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    On June 9,
    1994,
    Burlington Environmental Inc.
    (Burlington)
    filed a petition for variance from 35 Ill.
    Adin. Code
    SS721
    •
    104 (f) (3) and
    (4) to the extent those regulations limit the
    quantity of media contaminated with acute hazardous wastes that
    may be treated or stored during treatability studies.
    Burlington
    seeks this variance in order to enable it to use a large scale
    model to conduct treatability studies of an innovative thermal
    technology for treating contaminated soils at its Madison County
    facility.
    In the alternative, Burlington seeks a declaration
    from the Board that a variance is unnecessary because the
    treatability studies exclusion limits of 35 Ill. Adm. Code
    SS721.104(f)(3)
    and
    (4) apply to its proposed pilot tests for
    recovery of contaminants from media contaminated with non—acute
    hazardous waste.
    The petition contains some material claimed as
    a trade secret.1
    Burlington’s petition is insufficient in that it does not
    contain a compliance plan.
    Instead, it announces an intent to
    file a petition for site—specific rulemaking or an adjusted
    standard sometime “in June 1994.”
    (Pet. at 18).
    Generally the
    Board has found that an intention to file for site-specific
    relief at some future date does not constitute a compliance plan.
    35 Ill. Adm. Code 104.121(f)
    requires that petitions contain a
    detailed description of the existing and proposed equipment or
    proposed method of control to be undertaken to achieve full
    compliance with the Act and regulations,
    including a time
    schedule for the implementation of all phases of the control
    ‘In Burlington’s June 16,
    1994 filing,
    it waived only the
    trade secret deadline until July 21,
    1994.
    Pursuant to 35 Ill.
    Adm. Code 101.161(c)
    the Board will protect from disclosure the
    information claimed to represent a trade secret until a final
    trade secret determination is made.
    2
    program from initiation of design to program completion and the
    estimated costs involved for each phase and the total cost to
    achieve compliance.
    The Board has previously held that the mere
    intent to file for such relief in the future is insufficient to
    satisfy this requirement.
    ~g,
    DM1 v. IEPA (December 20,
    1990),
    PCB 90—227).
    If an amended petition curing this deficiency is not filed
    within 45 days of the date of this order, this petition will be
    subject to dismissal.
    The filing of an amended petition will
    restart the Board’s decision timeclock pursuant to Section 35.
    Finally, Burlington has attempted to waive public hearing on
    its variance request.
    (Pet.
    at 2).
    However, public hearing is
    required for RCRA variance petitions.
    ~
    35 Ill.
    Rev.
    Stat.
    104.141(b)
    IT IS SO
    ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby
    rtify that the above order was adopted on the~2~—
    day of
    /
    ,
    1994, by a vote of
    -
    ‘5orothy M. Gu~1,Clerk~
    Illinois Pol~tionControl Board

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