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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

RECEIVED

February 8, 2008

CLERK'S OFFICE

FEB 1 1 2008

In re:

LANDMARK AVIATION,

Petitioner.

(Provisional Variance — Land)

Re: Request

for Provisional Variance Pursuant to 35 Ill. Adm. Code 722.134(b)

Cortney Graham

Landmark Aviation

1200 North Airport Drive

Springfield, Illinois 62707

Dear Ms. Graham:

The Illinois Environmental Protection Agency ("Illinois EPA") has reviewed Landmark

Aviation's February 7, 2008 request for a provisional variance pursuant to 35 Ill. Adm. Code

722.134(b). Based on this review, the Illinois EPA GRANTS the requested provisional variance

for a period of 30 days.

The applicable facts of this request are as follows:

I. As part of its operations at 1200 North Airport Drive, Springfield, Illinois 62707, Landmark

Aviation ("Landmark") utilizes a hazardous waste roll-off container.

The container was scheduled for removal from the facility by a hazardous waste transporter

on February 5, 2008. But the Landmark employee that typically signs documents concerning

such shipments experienced a family emergency and was unable to be present when the

transporter arrived, thereby preventing the removal of the container by the transporter.

The applicable storage deadline for the container is February 8, 2008, but the transporter

cannot return to the facility until the week of February 18, 2008.

35 Ill. Adm. Code 722.134(b) allows a generator to seek an extension of up to 30 days, by means

of a variance or provisional variance, from the Illinois EPA if hazardous wastes must remain on-

site for longer than 90 days due to unforeseen, temporary, and uncontrollable circumstances.

The Illinois EPA finds that such facts and circumstances exist in this situation and hereby

GRANTS Landmark Aviation a provisional variance pursuant to 35 Ill. Adm. Code 722.134(b)

for a period of 30 days.

Landmark Aviation shall sign a certificate of acceptance of this provisional variance and return it

to William D. Ingersoll at 1021 North Grand Avenue East, P.O. Box 19276, Springfield, Illinois

62794-9276 by February 15, 2008. The certification should take the following form:

Landmark Aviation hereby accepts and agrees to be bound by all terms and conditions of

the provisional variance granted by the Illinois EPA on February 8, 2008.

Authorized Agent

Title

Date

The Illinois EPA grants this provisional variance in accordance with its authority contained in

Sections 35(b), 36 (c), and 37(b) of the Illinois Environmental Protection Act (415 ILCS 5/35(b),

36(c), and 37(b)), and 35 Ill. Adm. Code 722.134(b). The decision to grant this provisional

variance is not intended to address compliance with any other applicable laws or regulations.

Division of Legal Counsel