ILLINOIS POLLUTION CONTROL BOARD
    October
    4,
    1973
    ILLINOIS DEPARTMENT OF TRANSPORTATION,
    )
    Petitioner,
    vs.
    )
    PCB 73—416
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Henss)
    Petitioner requests “blanket variance for burning of
    landscape waste generated by the Illinois Department of
    Transportation”.
    The petition states that “most if not all”
    of Petitioner’s wastes could legally be burned without a
    variance or permit.
    Therefore,
    a blanket variance is requested
    for the burning of landscape waste generated during construction
    and maintenance phases of transportation projects.
    No further
    facts are given.
    To the extent that a variance is not needed, the matter
    is moot.
    However,
    if the Statute and Regulations would prevent open
    burning in some cases,
    as seems indicated,
    then the Department
    of Transportation is certainly within its rights in applying
    for a variance.
    The Statute clearly states that variances may
    be granted “upon presentation of adequate proof, that compliance
    with any Rule or Regulation.
    .
    .would impose an arbitrary or
    unreasonable hardship”.
    (Environmental Protection Act, Section
    35)
    Clearly, no “blanket” variance could be given.
    Our Procedural
    Rule 401 states that a variance petition shall include a
    description of the activity in question, the quantity and type
    of materials processed,
    an estimate of the quantity and type of
    contaminants discharged, description of existing and proposed
    equipment for the control of discharges, statement of why Petitioner
    believes compliance with the Regulation would impose an arbitrary
    or unreasonable hardship,
    description of costs of compliance, and
    description of injury that grant of the variance would impose upon
    the public.
    9—
    425
    —2—
    Petitioner makes no attempt to give information which
    would satisfy the Statute or the Regulations.
    Even the location
    of the burning
    is omitted.
    The petition is therefore inadequate
    and will be dismissed without prejudice.
    It
    is the order of the Board that the variance petition be
    dismissed without prejudice.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinon and Order of the Board
    was adopted this
    4/’I~~
    day of
    ___________,
    1973 by a vote of
    _____toO
    QI.~
    9— 426

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