ILLINOIS POLLUTION CONTROL BOARD

January

11, 1990

MODINE MANUFACTURING CO.,

Petitioner,

V.

)

PCB 90—4

(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,

Modine Manufacturing Co.

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.

Petitioner

is granted a provisional variance from 35

Iii.

Adm. Code 722.134(b)

from December

26,

1989

to January

25, 1990.

IT IS SO ORDERED.

I,

Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board,

by certify

t~t the above Order was adopted on

the

_______

day of ______________________________,

1990 by a vote

of

7—~

.

iy?,

/J~~J

Dorothy

M. 9ti~n, Clerk

Illinois Poll”ution Control Board

107—109