ILLINOIS POLLUTION CONTROL BOARD

April 27,

1989

KYSOR/WESTRAN

(L1410105005, Ogle County)

Petitioner,

V.

)

PCB 89—77

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 April

25,

1989.

The recommendation refers

to a request from Petitioner, KYSOR/WESTRAN, 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 waste

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 April

4,

1989 to

May 4,

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

~7~-day

of

~

,

1989,

by a vote of

‘

on Control Board

98—315