ILLINOIS POLLUTION CONTROL BOARD

May 17, 1972

CITY OF OLNEY

PCB 72—205

ENVIRONMENTAL PROTECTION AGENCY

OPINION OF THE BOARD (by Mr. Kissel):

On May 15, 1972, the Board received a letter from the City

of

Olney submitting its “application for permit” to conduct open

burning within the City of Olney, The letter details where the

burning of trees will take place and asks the Board for early action

on “this permit for varianceu.

It is unclear from~the letter whether the City is seeking a

permit, or whether the City has been refused a permit and is appeal-

ing that refusal, or whether the City is seeking a variance from

the open burning regulations. If

the City is seeking a permit, in

the first instance, it

must apply to the Agency, not to the Board

and, therefore, this matter should be dismissed and referred to the

Agency. If, however, the City is

appealing

a

permit denial by the

Agency, or if the

City is seeking a variance,

it is necessary that

the City supply the Board with much more information as follows:

1. what alternatives are available for disposition

of the brush and trees?

2. what are the specific costs of each of the

alternatives? and

3. what effect would the burning have on the

surrounding community?

The City should also supply

the Board with any other detailed infor-

mation which will enable the Board to balance the hardships in the

case.

Normally, in cases where a petition is inadequate we have dis-

missed them, except in the case of municipalities where we have allowed

the municipalities to file amended petitions stating the new and re-

quired facts. We will allow, therefore, the City of.Olney to amend

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539

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its petition if it so chooses. If no new information is received

within twenty (20) days from this date, the petition will be dis-

missed as inadequate.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Opinion and Order was adopted by

the Board on this 17th day of May, 1972, by a vote of 4-0.

Christan L.

/‘~

~fofi~~t,

c~h~::

Clerk

Illinois Pollutio’~iControl Board

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