ILLINOIS POLLUTION CONTROL BOARD

October

18, 1989

MODINE

)

(L1110600003/Macon County

)

Petitioner,

v.

)

PCB 89—166

(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, Modine 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. Adm. Code

722.134(b)

from October

16,

1989

to November

15,

1989.

IT IS SO ORDERED.

I,

Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, t~rebycertify

that the above Order was adopted on

the

/J

~

day

of ______________________________

,

1989,

by a

vote of

7—C

A.

//

1/

~

~

Dorothy

M.

~ünn, Clerk

Illinois Pc~lutionControl Board

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