ILLINOIS POLLUTION CONTROL BOARD
    September
    6,
    1972
    CITY OF GALENA
    V.
    )
    PCB 72—122
    ENVIRONMENTAL PROTECTION AGENCY
    Martin D.
    Hill for the City of Galena;
    Roger L. Horwitz, Assistant Attorney General,
    for the Environ-
    mental Protection Agency.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Parker):
    The City of Galena,
    a city of about 3,300 population, seeks
    a variance from the existing law and open burning regulations to
    permit open burning of fallen trees and wooden underbrush located
    in a flood plain area along the Galena River.
    The original petition took the form of a letter to the
    Agency from the Galena City Manager dated March 24,
    1972.
    By
    Interim Order dated April
    4,
    1972 this Board required an amended
    petition to be filed including information on alternative means
    of disposal of
    the trees and brush and the cost of those means.
    Such an amended petition was filed, this time taking the form
    of
    a letter from the Galena City Manager to the Board dated
    April
    7,
    1972.
    The area in question constitutes about
    22 acres which the
    City of Galena began clearing of trees and brush in 1969 pursuant
    to an Army Corps of Engineers recommendation
    (R.
    26)
    .
    The work
    was not completed,
    however, because
    of substantial problems
    encountered in disposing of the cleared material.
    The City pres-
    ently proposes to complete the project and then use the area for
    recreation purposes.
    At the public hearing, held June 27,
    1972,
    the City Manager
    described the 22 acre area as made up of four regions of different
    characteristics.
    The north end region had been covered with dead
    elm trees, about 20-30
    percent of which were lying on spongy
    ground.
    Most of the trees in this region have been cut down and
    bunched into several piles
    (R.
    13).
    A second region,
    of similar
    character
    to the first, has fewer dead elm trees and more small,
    young trees
    (R.
    14) which have been cut down
    (R. 17)~ An old
    railroad right of way forms part of
    a third region, drier than
    the first two, containing box elder trees of 10 to
    15 foot height
    and covered with underbrush
    (R.
    14).
    Some of these trees have
    been cut down and piled
    (R.
    17)
    .
    The fourth is a cliff region
    S
    353

    containing
    a large
    number
    of trees of all sizes and shapes, and
    accompanying underbrush
    (R.
    15).
    All of the cut trees in the 22 acre area are still on the
    site,
    some in piles and some strewn around the ground
    (R.
    17).
    The City plan
    is to remove about 90 percent of the trees and brush
    from the first three regions, grade these regions
    so that rain-
    water flows
    to instead of away from the river, and seed them with
    grass
    (R.
    15).
    The fourth
    (cliff) region will be thinned out
    (R.
    15)
    ,
    dirt filled and seeded
    (R.
    16).
    Petitioner seeks
    a variance to burn not only the existing
    piles of cut and dead trees and brush, but additional piles of
    trees and brush which will result from completion of the land
    clearance project
    (R.
    18).
    There are presently about seven piles
    of elmsand box elders, and an estimated additional dozen
    piles of box elders will result from the clearance operation
    (R.
    18). Each pile is 12 to
    15 feet in diameter and
    8 to
    10 feet
    high
    (R.
    18).
    The piles to be burned will include diseased as
    well as nondiseased trees
    (R.
    19).
    The record includeb evidence as
    to the alternatives
    to
    open burning, several of which must be summarily dismissed.
    Thus,
    the cut trees and brush cannot simply be left on the ground
    (R.
    20)
    since this would constitute disposing of refuse at
    a site
    not approved for use as a landfill,
    a flood hazard would result,
    and the Cityts plan would be thwarted, since the land would not
    be useful for recr~ation. Likewise, burying
    the cut refuse on
    the site,
    even if the high ground water level would permit such
    burial, would also be b~rredfor similar reasons.
    Use of an air curtain destructor was considered but rejected
    (R.
    21,
    109).
    It would be impossible to operate such a device
    at the site because the ground water level
    is so near the surface
    that the ditch which must be provided beneath the device would
    fill with ground water, and the destructor could not be cleaned
    (R.
    21)
    .
    Installation of such a destructor at a site away from
    the flood plain was considered
    (R.
    109) but apparently rejected
    because of the cost of hauling as well as the high cost of pur-
    chasing the device.
    The only feasible disposal alternative to open burning
    appears from the record to be chipping the material
    (cutting it
    into small pieces)
    on the site and then hauling it away to an
    approved dump.
    The local tree trimmer testified
    CR.
    98, 103~-l05)
    that he would be able to cut down the standing trees, chip them
    and haul them away for approximately $1200.
    ($30. per hour total
    for three men, eight hours per day for an estimated five days).
    While his chipping equipment cannot handle trees larger than six
    inches in diameter, which means that the larger trees on the site
    could not be handled in this way
    (R.
    98, 104),
    the tree trimmer
    —2—
    5
    354

    indicated that he would include cutting and hauling of the
    larger trees in his five day cost estimate
    (R. 104—105).
    As for the cut trees and other wood debris presently
    lying on the ground
    (which was not included in the $1,200
    estimate)
    ,
    the tree trimmer said it would cost
    “a
    fortune’t
    to cut this up
    (R.
    99,
    103).
    The City Manager’s estimate of the
    cost of the overall chipping and hauling alternative was a
    minimum of $10,000
    (R.
    57).
    While this estimate was admittedly
    not based on cutting,
    loading and hauling time studies
    (R.
    57),
    the estimate was not substantially undermined on cross-examination
    and we note that the Agency did not come forth with any contrary
    evidence of its own on the point.*
    The City Fire Chief testified that no residences or businesses
    are located near the flood plain area and that there would be no
    safety hazard created by the open burning should the variance
    be granted
    (R.
    83).
    He also described the precautions that
    would be taken to insure proper control of the burning, including
    the stationing
    of men and tank trucks in the area
    (R.
    87)
    .
    The
    entire
    22
    acre tract could be reached by water hoses connected
    to a nearby hydrant
    (R.
    89-90).
    One pile at a time would be
    burned; possibly three or four piles could be burned in one day
    (R.
    95).
    Ideally, the burning would be conducted when little
    or no wind was present
    (R.
    94,
    95).
    Several citizens testified in opposition to the petition
    at the hearing, mainly on grounds that open burning is generally
    undesirable
    (R. 119—120, 124—125,
    129, 130—132,
    133).
    In its
    recommendation filed the day before the public hearing, the
    Agency stated that the variance request should be denied because
    the City’s petitions had not presented sufficient information
    for the Agency “to determine whether the Petitioner’s conclu-
    sions are accurate”
    (p.
    3)
    The Agency alternatively recommended
    if the variance were granted that the burning be conducted only
    under favorable dispersion conditions and that the nearby**
    former City dump be closed with two feet of cover prior
    to
    commencement of burning.
    Turning now to whether the variance should be granted, we
    believe that the cutting and hauling alternative as concerns
    the trees which are presently standing is
    a viable one,
    and that
    the open burning request
    as to these trees should be denied.
    The
    project is technically feasible and the $1,200 cost estimate
    seems to us to be well within the range of what .the City can
    afford.
    Accordingly we find that petitioner has failed to show
    that an arbitrary or unreasonable hardship would exist sufficient
    to justify open burning of the presently standing trees, and the
    petition is denied to this extent.
    *
    The Agency’s “Final Statement” filed after the hearing argues
    that “the total
    area could have been cut for about $1,500” (p.
    3)
    but we are unable to verify this from any evidence in the record.
    **
    An Agency engineer testified
    CR.
    116-117)
    that the former dump
    containing general refuse is located about 150 feet from the
    presently existing wood piles in the flood plain area.
    —3--
    5
    355

    On the other hand, we believe petitioner has shown that
    an unreasonable hardship does exist sufficient
    to justify open
    burning of the trees and brush which are presently lying on the
    ground.
    The only practical alternative to open burning,
    i.e.
    cutting, chipping and hauling,
    involves an expenditure which
    would, on the record before us, work an unreasonable hardship on
    the
    City.
    The funds available to Galena for this purpose are
    sharply limited
    (see
    R.
    23,
    30, 51—52,
    65).
    We are persuaded
    that it would he most difficult for
    the City to justify spending
    the
    $10,000 minimum that would
    be
    necessary to cut, chip and
    haul
    this
    material.
    Looking at the other side of the coin,
    the record does not
    in our
    view
    show
    that substantial harm to the public would
    result from
    limited open burning of the trees and brush lying on
    the ground.
    The
    burning site
    is remote from dwellings and busi-
    nesses,
    and we
    are impressed with the precautions that will be
    taken by the City Fire Chief and his men to insure proper control
    of the burning.
    The
    record contains several references to the
    possibility of an air inversion impeding dispersion of combustin
    products
    (e.g.
    see
    R.
    87—88, 95—96,
    121,
    136),
    but we do not
    regard the evidence on the point as competent or persuasive.
    We
    do believe, however,
    that
    the
    burning to be permitted
    as described herein should be carried out in accordance with
    certain conditions, including those recommended by the Agency,
    as set forth below.
    Ihis opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    1.
    The
    petition is denied as
    to the open burning of
    trees and brush
    which
    is presently standing.
    2.
    The petition is granted as to
    the
    open burning at
    the site of trees and brush presently lying on the
    ground, provided that the following conditions are
    met:
    a.
    Materials to be burned shall be strictly limited
    to trees and brush presently lying on the ground.
    b.
    Only one pile
    is to be burned at
    a time and the
    burning shall be conducted only during daytime hours.
    c.
    The open burning shall be conducted only under
    favorable dispersion conditions.
    d.
    The former Galena
    City
    dump shall be properly
    and finally closed with two feet of cover prior
    to
    commencing the open burning.
    e.
    The City Fire Chief or his designee and his men
    shall be
    in
    attendance at all times when open burning
    is taking place.
    The burning site
    shall be provided with
    —4—
    5
    356

    adequate fire protection and with such equipment
    as necessary to control accidental fires.
    f.
    The City shall notify the Agency’s Regional
    Office
    (4302 North Main, Rockford, Illinois 61103,
    815/877-8051) prior to the first burning and there-
    after
    so that the Agency may make an on—site
    inspection during each burning.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order was
    ad9pted on the
    4~”
    day of~
    ~
    ~
    ,
    1972 by
    a vote of
    -q
    to
    ~.
    —5—
    5
    357

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