ILLINOIS POLLUTION CONTROL BOARD
    October 18, 1989
    BURLINGTON NORTHERN RAILROAD
    )
    (L0950105026/Knox County),
    Petitioner,
    v.
    )
    PCB 89—164
    )
    (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 October 16, 1989. 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. 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.
    Adm. Code
    722.134(b) from September 24, 1989 to October 24, 1989.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    /f~
    day of _____________________________
    ,
    1989, by a
    vote of
    7—c
    ~~-p
    ~
    ~
    Dorothy
    M./,~unn, Clerk
    Illinois
    ~61lution
    Control Board
    I
    r)~4n3

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