ILLINOIS POLLUTION CONTROL BOARD

June 21, 1990

E’EDERATED PAINT

~FG. CO., INC.,

Petitioner,

v.

)

PCB 90—117

(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 June 19, 1990. The recommendation refers to

a request from Petitioner, Federated Paint Mfg. Co., Inc. for a

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

for hazardous wastes set forth in 35 Iii,. 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.

The Board concurs with the Agency Recommendation; Petitioner

is granted a provisional variance from 35 Ill. Mm. Code

722.134(b) from June 10, 1990 to July 10, 1990.

IT IS SO ORDERED.

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

Board, hereby certify that(/t e above Order was adopted on

the ~

day of _____________________________, 19~0, by a

vote of

7—c

~

Dorothy M.~4unr1, Clerk

Illinois Pa’ilution Control Board

112—417