ILLINOIS POLLUTION CONTROL BOARD
    July
    26,
    1973
    STATE OF ILLINOIS,
    DEPARTMENT
    OF
    CONSERVATION,
    Petitioner,
    vs.
    )
    PCB
    73—202
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    Anthony Dean,
    Director for
    the Department
    of Conservation
    Steven
    C.
    Bonacjuidi, Assistant Attorney General
    for the EPA
    OPINION AND ORDER OF
    TIlE BOARD
    (by
    Mr.
    Henss)
    Petitioner requests
    a variance
    from Rules
    502 and
    504 (a) (4)
    of
    the
    Open
    l3urninq
    Regulations
    for
    the
    purpose
    of
    burning
    brush,
    timber
    and
    other
    landscape
    waste
    at
    the
    site
    of
    a
    proposed
    new
    lake.
    The
    lake
    is
    being
    created
    as
    a
    part
    of
    the
    new
    Shabbona
    Lake State Park.
    A 40 acre
    tract is being cleared of approxi-
    mately
    800
    tons of
    landscape waste which will be burned on
    27
    days.
    The Department
    of Conservation
    states
    that the cost of
    using an
    air curtain destructor would be $19,000.
    The I)epartment
    states that this cost
    is prohibitive but plans
    to use
    a propeller
    type blower to induce complete
    combustion.
    The 40 acre
    tract
    is
    located about
    1
    1/2 miles from Shabbona
    and Shabbona Grove,
    the closest municipalities.
    No burning will
    take place within 1,000 feet of residential areas.
    The
    EPA
    has
    recommended
    that
    the
    variance
    be
    denied.
    The
    identical
    issues
    were
    decided
    in
    City
    of
    Hhllsboro
    vs.
    EPA,
    PCB 72-394.
    The
    material
    to
    he
    burned
    is
    landscape
    waste
    not
    trade
    waste.
    It
    is
    not
    located
    in
    a
    “prohibited
    area”
    where
    thc
    open
    burning
    of landscape waste
    is barred under our Regulation.
    Sce
    Rule
    503(c)(4)
    Therefore,
    no
    variance
    is
    required
    for
    the
    open
    burning
    of
    this
    landscape waste and the case will be dis-
    missed as moot.
    8—621
    —2—
    Care should be
    taken that the open burning of this landscape
    waste not injure human, plant or animal life,
    health or property,
    or unreasonably interfere with the enjoyment of life or property.
    It is hereby ordered that the case be dismissed as moot.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order was adopted
    this
    ~~day
    of July,
    1973 by a vote of
    44
    to C~
    I
    A
    8—
    622

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