ILLINOIS POLLUTION CONTROL BOARD

December 20, 1990

BURLINGTON NORTHERN RAILROAD,

)

Petitioner,

)

v.

)

PCB 90—237

)

(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, Burlington Northern Railroad

for a 30 day provisional variance from the 90—day on-site

limitations for hazardous wastes set forth in 35 Ill. Adrn. Code

722.134(b).

Upon receipt of the request the Agencyissued 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 35 Iii. Adm. Code 722.134(b) from November 25, 1990 to

December 25, 1990.

IT IS SO ORDERED.

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

Board, he~~ycertify th t the above Order was adopted on

the

~

day of

___________________________,

1990, by a

vote of

7—o

Dorothy M. G)?ln, Cler

Illinois Po~ution Control Board