ILLINOIS POLLUTION CONTROL BOARD

August 20,

1993

IN THE MATTER OF:

)

)

EMERGENCY AMENDMENTS TO THE

)

R93—l5

OPEN-BURNING RULES,

35 ILL.

)

(Rulemaking)

ADM. CODE 237-121

)

CONCURRING OPINION

(by J. Anderson):

I remain concerned about Section 237.121(d)

of this

emergency rulemaking.

Section 237.121(d)

reads:

In an incorporated area,

notification is provided to the

appropriate fire protection district or fire department

prior to burning.

I question why the notification requirement should be

required only in incorporated areas, rather than fully

encompassing the area within a fire protection district.

All

areas outside a municipality are not farmland.

There are fire

protection districts in unincorporated areas that commonly serve

well populated areas such as developed subdivisions, some or all

of which have not annexed to a municipality.

In that the provision is addressing a public safety concern,

the rationale for confining it to municipalities is not apparent

to me.

It is for these reasons that

I respectfully concur.

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,24~4~9~I

yoan G. Anderson

I,

Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the ab~veconcurring opinion-was

submitted on the

6Ø~

day of

~7

,

1993.

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Dorothy M.

G)~Ø1n, Clerk

Illinois Pol’lution Control Board