ILLINOIS

POLLUTION CONTROL BOARD

September

28,

1989

CLARK OIL AND REFINING CORP.,

)

(L1190500002, MADISON COUNTY)

)

Petitioner,

v.

)

PCI3 89—152

(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 September

26,

1989.

The Recommendation

refers

to a request

from Petitioner, Clark Oil and Refining

Corp.,

for

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

limitations

for hazardous wastes set forth at

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 prc-~7isionalvariance would imp~sean arbitrary or

unreasonable hardship on Petitior.er.

The Board concurs with the Agency Recommendation;

Petitioner

is granted

a provisional variance from 35

Ill.

Adm.

Code

722.134(b)

from October

12,

1989

to November

11, 1989.

IT IS SO ORDERED.

557

---

—2—

I, Dorothy

M.

Gurin, Clerk

of the Illinois Pollution Control

Board, hereby certify thaVthe~above Order was adopted on

the

~

day of _________________________

,

1989,

by a vote

of

_______.

~

Dorothy

M.

~1rir.,Clerk

Illinois Poflution Control Board

1fl3 558