ILLINOIS POLLUTION CONTROL BOARD
    January 7, 1999
    NORFOLK & SOUTHERN RAILWAY
    COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 99-99
    (Provisional Variance - RCRA)
    ORDER OF THE BOARD (by C.A. Manning):
    On January 6, 1999, the Illinois Environmental Protection Agency (Agency) filed a
    request for a provisional variance and notification of recommendation. The Agency
    recommends that the Board grant a 12-day provisional variance. The provisional variance
    would allow this Macon County petitioner to continue accumulating hazardous waste for a
    period in excess of 90 days. In making its recommendation, the Agency states that failure to
    grant the requested provisional variance for
    12
    days will result in an arbitrary or unreasonable
    hardship on the petitioner.
    The Board is required, in a provisional variance, to adopt a formal order, assure formal
    maintenance of the record, assure the enforceability of the variance, and provide notification
    of the action by press release. Pursuant to Section 35(b) of the Environmental Protection Act
    (415 ILCS 5/35(b) (1996)), the Board must issue the provisional variance within two days of
    the filing. The Board grants the petitioner a provisional variance from the 90-day limitation on
    the accumulation of hazardous wastes, as set forth in 35 Ill. Adm. Code 722.134(b), for the
    period from December 10, 1998, to December 22, 1998.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 7th day of January 1999 by a vote of 5-0.
    2
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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