ILLINOIS POLLUTION CONTROL BOARD

August 30, 1973

HARDWICK BROTHERS COMPANY,

)

Petitioner,

vs.

)

PCB 73—351

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF

TI-IE BOARD

(by Mr.

Heriss)

Petitioner has been retained by

the

United States Army Corp

of Engineers to improve the channel of the north fork of the

Saline River in Saline County and Hamilton County, Illinois.

In

the

construction work it will be necessary to clear the timber

and brush from a right—of-way

250

feet wide and 10 miles long.

Petitioner requests a variance from our Open Burning Regulations

for the purpose of burning the brush and timber to be cleared

from this construction

site.

The burning will take place on the right-of—way which is

not located within

2 miles of any municipality.

Population

in

the area is sparse,

not exceeding

8 persons per square mile on

the average.

Under our November 1972 Amendments

to the Open Burning

Regulation no variance is needed for the open burning of this

landscape waste.

We have previously held that landscape waste

which

is cleared from a construction zone may be burned in com-

pliance with the Regulation

if it is not located within a

prohibited area.

(Worthy Brothers vs. EPA, PCB 73—283; Nutty vs.

EPA,

PCB 73—249)

The construction

zone here is not located

within a prohibited area.

See:

Chapter

2, Air Pollution,

Part V1

Open Burning, Rule 503(c) (4).

The petition was apparently filed in the belief that a

variance is needed for the open burning.

Since the matter is

moot the petition will be dismissed without prejudice.

Care

should be taken in the burning that all aspects of the Regulation

be followed,

i.e.

the burning of the landscape waste shall be on

the premises on which the waste is generated; when atmospheric

conditions will readily dissipate the contaminants and if such

9— 175

---

—2-

burning does not create a visibility hazard on roadways,

railroad tracks or airfields.

No material other than landscape

waste

shall be burned.

The petition is dismissed without prejudice.

I, Christan

L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the a ove Opinion and Order was adopted

this

~3&l~

day of

_________,

1973 by a vote of

~

toO