ILLINOIS POLLUTION CONTROL BOARD
July 26, 1973
WORTHY BROTHERS PIPELINE CO.,
Petitioners,
vs.
)
PCB 73—283
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
ORDER
(by
Mr.
Henss)
Petitioner seeks a variance from the Open Burning
Regulations for the purpose of burning brush and other
wooded material cleared from the land in a construction
project. ~The project is for the installation of a 46
mile long pipeline from the west bank of the Ohio River
to a point approximately 1 mile south of Lick Creek,
Illinois. The 45 foot right-of-way is located in rural
country and does not come within 1 mile of any municipality.
About 73 acres of woods and brush are scattered along the
46 miles of right-of-way. Petitioner states that the cost
of burning this material with an air curtain destructor would
be prohibitive.
We have previously decided that natural vegetation being
cleared from the land is landscape waste and is not trade
waste. City of Hilisboro vs. EPA, PCB 72-394; Department of
Conservation vs. EPA, PCB 73-202. The open burning of land-
scape waste is prohibited in certain areas of the State under
Rule 503(c) (4) of our Open Burning Regulations. The land-
scape waste which is involved in this case is not within a
prohibited area. Therefore, the landscape waste may be
burned without a variance and the case will be dismissed as
moot. The burning should be 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.
8— 639
—2—
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Order was adopted
this o~” day of July, 1973 by a vote of
~
to ~
~4O