ILLINOIS POLLUTION CONTROL BOARD

August 29, 1972

CITY OF MORRISON

V.

)

#72—345

ENVIRONMENTAL PROTECTION AGENCY

Opinion & Order of the Board (by Mr. Currie)

The City of Morrison asks for a variance to allow the

open burning of trees and brush, on conditions as attached

to an earlier variance to the same effect, City of Morrison

v. EPA, #71-144 (Aug. 13, 1971)

.

The petition makes no

mention of the completely revised open burning rules (PCB

Regs. Ch. 2, Part V)

,

which we adopted September 2, 1971

and which

now govern matters of this nature. Those regulations

expressly recognize the economic desirability

of open burn-

ing in

certain situations and allow the Environmental Protection

Agency to grant permits for such burning under appropriate

circumstances. No allegation is made that the City has

sought such a permit and had it denied, or why no such permit

could be obtained. In the absence of such an allegation

there are insufficient facts alleged to justify the grant

of a variance if all allegations were proved, since for all

that is alleged the City may do what it proposes without

violating the regulations and thus without a variance. We

note also the absence of any allegation as to why the City

cannot use an air—curtain destructor to reduce the pollution

from open burning, or as to what pollution would be caused

if the variance were granted, or as to the costs of alter-

native means of disposal. We therefore dismiss the petition

as inadequate, without prejudice to the filing of a more

complete petition, calling the City’s attention to our

procedural rule 401, which spells out the requirements of

a variance petition.

I, Christan Moffett, Clerk of the Pollution Control Board,

certify that the Board adopted the above Opinion & O~Zder

this .4’~7~ day of August, 1972, by a vote of

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