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