ILLINOIS POLLUTION CONTROL BOARD
    January
    11,
    1990
    TEXACO MARKETING
    &
    REFINERY
    )
    Petitioner,
    v.
    )
    PCB 90—5
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (J. Marlin):
    This matter comes before the Board upon receipt of an Agency
    Recommendation dated January 9,
    1990.
    The recommendation refers
    to a request from Petitioner, Texaco Marketing
    & Refinery 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.
    The petition actually requests three separate provisional
    variances for wastes with three different accumulation periods,
    as follows:
    Accumulation Start Date
    Requested Variance Term
    October
    12,
    1989
    January 10,
    1990 to February
    9,
    1990
    October
    2,
    5
    &
    6,
    1989
    December
    31,
    1989
    to January
    30,
    1990
    September
    14,
    18
    &
    19,
    December 13,
    1989
    to January
    1989
    12,
    1990
    Having received and examined the Agency Recommendation,
    the
    Board hereby grants
    the Petitioner provisional variances from 35
    Ill. Adm.
    Code 722.134(b)
    as requested
    for the times outlined for
    those wastes lawfully marked with the accumulation dates,
    as
    follows:
    107—Ill
    Accumulation Start Date
    Granted Variance Term
    October
    12, 1989
    January 10,
    1990
    to February
    9,
    1990
    October
    2,
    5
    &
    6,
    1989
    December
    31, 1989
    to January
    30,
    1990
    September
    14,
    18
    & 19,
    December
    13,
    1989
    to January
    1989
    12,
    1990
    IT IS SO ORDERED.
    I,
    Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, he~ebycertify
    that~the above Order was adopted on
    the
    /(
    ~
    day of ________________________________
    ,
    1989,
    by a
    voteof
    7—c
    .
    /
    ~
    /
    Dorothy M.
    ~unn, Clerk
    Illinois Pollution Control
    Board
    107—112

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