ILLINOIS POLLUTION CONTROL BOARD

December 20, 1990

FPM HEAT TREATING, INC.,

)

Petitioner,

v.

)

PCB 90—235

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (J. C. Marlin):

This matter comes before the Board upon receipt of an Agency

Recommendation dated December 18, 1990. The recommendation

refers to a request from Petitioner, FPM Heat Treating, Inc., 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, finding 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 hereby grants Petitioner a provisional variance

from ~35Ill. Adm. Code 722.134(b) from November 30, 1990 to

December 30, 1990.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, h~~b~ycertify that the above Order was adopted on

the

c~’cO~

~-

day of

~

~

,

1990, by a

vote~7—~

Dorothy M.

,~Uy1n,

C1er~

Illinois Po~ut~ionControl Board

117—177