ILLINOIS POLLUTION CONTROL BOARD

January

7,

1988

CATERPILLER,

INC.,

Petitioner,

v.

)

PCB 88—6

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by J.

Anderson):

This provisional variance

request comes before the Board

upon

a January

7,

1988 Recommendation of the Illinois

Environmental Protection Agency

Agency

.

The Agency recommends

that

a 30—day provisional variance be granted

to Caterpillar from

35

Ill. Adm.

Code 722.134(b)

and Section 37 of the Environmental

Protection Act;

thereby allowing hazardous

wastes to

remain on—

site

in excess of the 90—day limitation

imposed by Section

722.134.

The Agency has found

that compliance with Section

722.134(b)

would impose an arbitrary or unreasonable hardship and

recommends that Petitioner be granted

the requested provisional

variance.

Petitioner, Generator ID.

#ILD052664604, had temporarily

stored 12,000 gal.

of waste contaminated with less than

1

of

1,1,1, trichioroethane

FOOl.

Petitioner

had contracted with

Trade Waste Incineration

1LDO98642424

to dispose of the waste;

but this was not possible within the

90 day limitation

imposed

by

35

Ill.

Adm.

Code Section 722.134.

As of December

8,

1987,

approximately 9—10,000 gal. was removed.

Petitioner requests the

additional

30 days

in order

to remove the remaining waste; clean

the tanks and return

to normal operations.

The Board hereby grants Petitioner

a 30—day Provisional

Variance pursuant

to Section 722.134(b)

from December

9,

1987

to

Janaury

8,

1988.

IT

IS SO ORDERED.

Board Member J. Marlin was not present for the vote.

85—25

---

—2—

I,

Dorothy M. Gunn, Clerk of the Illinois Pollution Control

ion and Order was

adopted on

the

~

day of

_______________

Board, hereby certify that

~

,

1988, by a vote

of

.5-c::).

D&yM.

unn, Clerk

Illinois Pollution Control

Board

85—26