ILLINOIS POLLUTION CONTROL BOARD
August 23, 1973
FRANK NUTTY, INCORPORATED and
PAULTER BROTHERS CONTRACTORS., INC.)
Petitioners,
vs.
PCB 73—249
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD (by Mr. Henss)
Petitioners request a variance from the Open Burning
Regulations for the purpose of clearing brush and timber
from the site of a proposed water reservoir under construction
by the City of Carbondale. In EPA vs. Nutty et al, PCB 72-507,
Petitioners were penalized $250 for unlawful open burning
conducted on October 20, 1972 on this same site, and were
directed to obtain a variance or permit prior to further open
burning.
On November 8, 1972 the Regulation was modified so that
open burning of landscape waste could occur in many situations
without permit or variance. In our recent decisions we have
made clear that brush and timber cleared from a construction
site may be burned if it is not located in a prohibited area.
Worthy Brothers Pipeline Company vs. EPA, PCB 73-283 (July 26,
1973). The landscape waste which is involved in this case is
not located in a prohibited area. See Chapter 2, Air Pollution,
Part V, Open Burning Rule 503(c) (4) The nearest residence is
more than two miles from the site.
Accordingly, we find that the landscape waste may be burned
in compliance with the Regulation; that a variance is not necessary;
and the Petition should be dismissed as moot. Petitioner may burn
the landscape waste provided the burning is conducted with care to
avoid injury to human, plant or animal life, to health or to
property or the unreasonable interference with the enjoyment of
life or property.
The variance petition is hereby dismissed as moot.
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I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hej~bYcertify the above Opinion and Order was adopted
this
~J
day of August, 1973 by a vote of ~J to
~j
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