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In re:

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

February 14, 2008

-54

RECEIVEDC

LERK'S OFFICE

FEB 1 9 2008

STATE

ILLINOIS

Pollution Control

Board

CARVEOUT REMEDIATION SITE

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

Carveout Remediation Site Participant Group

c/o Harry R. Walton, Consultant

2510 Brooks Drive

Decatur, Illinois 62521

Dear Mr. Walton:

The Illinois Environmental Protection Agency ("Illinois EPA") has reviewed the Carveout

Remediation Site Participant Group's ("Group's") February 12, 2008 request for a provisional

variance pursuant to 35 Ill. Adm. Code 722.134(b). Based on this review, a provisional variance

for a period of 30-days is GRANTED by the Illinois EPA.

The applicable facts of this request are as follows:

The Carveout Remediation Site ("Site") consists of approximately 16.5 acres located near the

former Borg-Warner Manufacturing Facility on U.S. Route 51 south of 625 Southside Drive,

Decatur, Illinois 62523. The Site is enrolled in the Illinois EPA's Site Remediation Program and

is assigned Illinois EPA Identification Number LPC1150155433. The remediation is being

perfoimed by the Group which consists of current and foimer owners and/or operators of the

Site.

An inactive wastewater treatment system ("WWTS") is present on the Site. The removal of

sludge from this system began on November 15, 2007. The sludge was placed in nine lined roll-

off boxes and in a concrete tank that was part of the WWTS to await proper removal to and

disposal at a disposal facility.

Results from the testing of a sample of the removed sludge were inconsistent with those

obtained from an earlier sample. Although disposal at a particular facility had been planned, the

lab results indicated that the sludge was a hazardous waste and prevented the original disposal

facility from accepting the sludge.

Carveout Remediation Site Participant Group

February 14, 2008

4. Since this occun-ence, the Group has been diligently exploring its options with various

hazardous waste disposal facilities. The 90-day on-site holding period for the sludge ends on

February 15, 2008. The Group anticipates that the sludge can be properly removed and disposed

within a 30-day extension of the holding period. In the interim, the Group states that the sludge

is being properly stored and managed at the Site and the Group does not foresee any adverse

environmental impact as a result of the requested extension. The Group asserts that no other

reasonable alternative to the requested extension is available, compliance with the 90-day on-site

holding period would cause an unreasonable and arbitrary hardship, and no similar extension has

been previously requested.

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 the Carveout Remediation Site Participant Group a provisional variance pursuant to 35

Ill. Adm. Code 722.134(b) for a period of 30 days.

The Carveout Remediation Site Participant Group 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 22, 2008. The certification

should take the following form:

The Carveout Remediation Site Participant Group hereby accepts and agrees to be bound

by all telins and conditions of the provisional variance granted by the Illinois EPA on

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),

Sincerely,

William D. Ingersoll

Manager, Enforcement Programs

Division of Legal Counsel

Carveout Remediation Site Participant Group

February 14, 2008

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.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRAND AVENUE EAST,

P.O. Box 19276, SPRINGFIELD, ILLINOIS

62794-9276 - ( 21 7) 782-3397

JAMES R. THOMPSON CENTER, 100

WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 - (312) 814-6026

ROD

BLAGOJEVICH, GOVERNOR

RECEIVED

CLERK'S

EIVED

OFFICE

FEB 1 9 2008

STATE

OF ILLINOIS

Poiluttar, Control Board

John T. Therriault

Assistant Clerk

Illinois Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, IL 60601

Re: Notice

of Provisional Variance Approval - Land

Dear Mr. Therriault:

Pursuant to Subsection 37(b) of the Illinois Environmental Protection Act (415 ILCS

5/37(b)), attached is a copy of the Illinois EPA's recent approval of a request for

provisional variance. As you know, the Board must maintain for public inspection copies

of all provisional variances filed with it by the Illinois EPA. If you have any questions,

please do not hesitate to contact me.

Sincerely,

William D. Ingersoll

Manager, Enforcement Programs

Division of Legal Counsel

Attachment

ROCKFORD -

4302 North Main Street, Rockford, IL 61103 – (815) 987-7760 •

DES PLAINES -

9511 W. Harrison St., Des Plaines, IL 60016 – (847) 294-4000

ELGIN - 595 South State, Elgin, IL 60123 – (847) 608-3131?• PEORIA - 5415 N. University St., Peoria, IL 61614 – (309) 693-5463

BUREAU OF LAND - PEORIA -

7620 N.

University St., Peoria, IL 61614 – (309) 693-5462

• CHAMPAIGN - 2125 South First Street, Champaign, IL 61820 – (217) 278-5800

SPRINGFIELD - 4500 S. Sixth Street Rd., Springfield, IL 62706 – (217) 786-6892 • COLLINSVILLE -

2009 Mall Street, Collinsville, IL 62234 – (618) 346-5120

MARION - 2309 W. Main St., Suite 116, Marion, IL 62959 – (618) 993-7200

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