BEFORE THE POLLUTION CONTROL BOARD
    OF THE STATE OF ILLINOIS
    Apri1~28, 1971
    LAKE COUNTY FOREST PRESERVE
    DISTRICT
    #71—64
    V.
    ENVIRONMENTAL PROTECTION AGENCY
    OPINION OF THE BOARD
    (BY MR. LAWTON):
    On March
    26, 1971,
    the Lake County Forest Preserve District
    filed with
    the Board
    a Petition
    for Variance of the Open Burning
    Regulations in order to permit the Lake County Forest Preserve
    District to burn Berkeley Prairie for ecological management purposes.
    The petition recites that Berkeley Prairie
    is an 18-acre natural
    area owned by the Lake County Forest Preserve District, acquired
    at the request of and with financial assistance from local citizens
    operated through
    the Illinois Chapter of the Nature Conservancy.
    The petition sets forth the reason why the burning is desirable.
    “Burning enhances prairie flora in four ways:
    A.
    The blackened ground results
    in the faster
    cooling of the prairie soil at night which
    slows down respiration in plant roots producing
    better above surface plant growth and seed pro-
    duction.
    B.
    Ashes containing phosphorous and potassium
    result in better flowering of prairie plants.
    C.
    The fire retards the invasion of undesirable
    shrubs and trees and allows prairie plants to out—
    compete non-native grasses which are moisture
    loving and shallow—rooted.
    D.
    Litter removal by spring fire provides room for
    prairie plant seedlings.
    Alternate management practices such as hand removal of shrubs
    and mowing only partially replace the benefits of burning.
    Basically, prairies evolved in a fire—ecology and periodic
    burning is a necessary phenomenon for their well—being,”
    I
    —
    503
    The petition indicates that such burning would take place only
    once every
    three years
    and would be
    a single and not recurring event.
    Hardship
    is asserted in complying with the Open Burning Regulations
    in that failure
    to permit the variance would result in destruction of
    the prairie and that no satisfactory alternative technique
    is avail-
    able, both in consideration of cost and effectiveness.
    Petitioner
    represents that the burning would produce no injury to the adjacent
    neighborhood, that the proposed controlled burning would be used as
    a
    training exercise
    for district field personnel with the view of elimina-
    ting wood fires
    on other adjoining lands
    and that the burning would
    be subject to supervision and control by both the Lake County District
    personnel
    and the Highland Park Fire Department.
    The recommendation received from the Environmental Protection Agen-
    cy notes that several residents
    in the area were contacted and expressed
    opposition
    to the variance,
    their attitude not being related to the
    specific variance but rather against burning conducted by
    the “govern-
    ment”.
    The Agency recommends that the variation be granted subject to
    conditions that are set forth in the decretal portion of this Opinion,
    and
    notes that it believes any nuisance resulting from the burning would
    be more than offset by the benefits gained to the community
    in the pre-
    servation of this prairie. We agree for reasons stated in the petition.
    This Opinion constitutes
    the findings
    of fact and conclusions of
    law of the Board and supports
    the order of variance entered by the Board
    on April
    19, 1971.
    IT
    IS THE ORDER of the Pollution Control Board that Petitioner shall
    be authorized and permitted to burn Berkeley Prairie pursuant to the
    prayer of its petition in variance of the Open Burning Provision of
    Section 9(c)
    of the Environmental Protection Act and the Rules and Regu-
    lations governing the control
    of air pollution,
    subject to the following
    conditions:
    1.
    Burning the prairie shall be conducted as
    a single-episode
    on one day only between the hours
    of 9:00 A.M.
    and
    4:00 P.M.
    Said burning shall be supervised by personnel of the Lake
    County Forest Preserve District and
    the Fire Department of
    the
    City of Highland Park.
    The burning
    shall be conducted under
    weather conditions that assure maximum dispersion and minimum
    impact on adjacent properties.
    2.
    The Lake County Forest Preserve District shall
    file
    a report
    to this Board and the Agency advising when said burning
    is
    completed and the circumstances and details attendant thereto.
    I,
    Regina
    E.
    Ryan,
    certify that the Board has approved the above
    opinion this
    28th day of
    April
    ,
    1971.
    ~
    C~lei~kof the
    B~ar
    Regina E. Ryan
    1
    —
    504

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