ILLINOIS POLLUTION CONTROL BOARD
    March
    3,
    1971
    CITY OP DU QUOIN
    )
    )
    )
    V.
    )
    #70—~Io
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    Opinion
    of
    the Board (by
    Mr.
    Currie):
    This ~.sanother in a large series of petitions seeking a
    variance to permit open burning or “dead and diseased” trees.
    In accord with our practice in these relatively simple and un-
    important cases, we elected to proceed without hearing. Although
    the petition was tiled with the Board November 30, 1970, St was
    never filed with the Agency as required by the Envirorunental
    Protection Act. We deny the petition.
    As in our earlier decisions on this subject, we rind the
    allegations ins~afticient,even Sf proved, to establSsh that com-
    pliance With the law wuald impose an arbitrary or unreasonable
    hardship insofar as non-diseased trees are concerned. The
    conclusory allegation that there may be some “difficulty” in
    covering such trees With dirt, as required by the regulations
    governing sanitary landfills, does not prove the requirement
    unreasonable. See City of JacksonvIlle v. EPA, #70—30 (Jan.27,
    1971); City of Wipchester v. EPA, #70—37 (Feb. 8, 1971).
    It the Winchester case we granted a variance to permit the
    bzrning of diseased trees only, on the ground that burning was
    necessary in order to prevent the spread of infectior.. However,
    in the present case the Agency has informed us that the proposed
    burning is to tahe place at an existing landfill site that is
    conducted in vio.atSon of the regulations requiring covering and
    compacting of refuse. “To permit any burning at all ; “the Agency
    advises us, “would pose a danger to setting the refus.at the
    anitary landfill on fire.” We agree that these conditions
    i.
    at be corrected befcre any burnIng is permitted.
    1
    —
    ORDER
    On the basis of the petition and the Agency’s recommendations,
    and for reasons stated in the Board’s opinion, the petition for
    variance is denied,
    I, Regina E. Ryan, Clerk of the Pollution Contr~JBoard, certify
    that the Board adopted the above Opinion this
    ,~
    day
    of
    ,‘,
    ~-~-‘jt/
    ,
    197L,
    :7
    I
    ~:
    I
    I Concur
    I Dissent
    1 —
    280

    Back to top