ILLINOIS POLLUTION CONTROL BOARD

February 7, 1972

DECATUR CEMETERY LAND COMPANY

v.

)

PCB72—40

ENVIRONMENTAL PROTECTION AGENCY

)

Opinion and Order of the Board (by Mr. Currie):

The cemetery asks a variance to permit the open burning of

flowers and other plants placed at graves, apparently within the boundaries

of the City of Decatur. Our regulations recognize the need for such burning

in certain cases but require that it be done with the aid of an air curtain

destructor or outside of municipal boundaries in order to minimize the effect

on other persons. It is alleged that twelve months are needed in order to

obtain approved equipment, but we do not deem this conclusion adequate to

justify the expense of a hearing at this point. This is not a case involving

bulky tree trunks removed from the premises to avoid the spread of disease;

we are here talking about what for all that is alleged may be a rather small

volume of much more manageable materials. No reason is given why a

scavenger cannot be found to carry this material off the premises to he dis-

posed of in a landfill or approved incinerator, or even burned in the open

outside the restricted area. Open burning in a restricted area is a last resort,

and strong allegations of fact to support the conclusion of hardship must be

made to justify a departure from the regulation. No such showing has been

made here. Nor can we adequately evaluate what emissions would result if

the variance were allowed, since no indication is given as to the amounts of

waste expected to be burned. The petition is dismissed without prejudice to

the filing of a petition that imre specifically alleges the unavailability of

alternative means of disposal. Cf. Cedar Park Cemetery Association v. E. P. A.,

#72-29 (January

31,

1972).

I, Christan L. Moffett, Clerk of the Pollution ControlBoard, certify that the

Board adopted the above Opinion and order this 7th day of February, 1972

by a vote of 5-0.

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