ILLINOIS POLLUTION CONTROL BOARD

February

3,

1972

F.

D.

DECKER d/b/a

DECKER SAWMILL

v.

)

#

71—73

ENVIRONMENTAL PROTECTION AGENCY

Supplemental Opinion

and Order of

the Board

(by Mr.

Currie)

Our order of July

8,

1972 directed

the petitioner to find

a solution

to open burning of sawmill wastes by March 1972.

He now petitions

for

a revision of the order in light of new

open burning regulations,

#R 70-11, which permit open burning

of certain wastes outside restricted areas until July,

1972

and the use of

an air’curtain destructor

thereafter.

The

argument is made

that Decker should be subject to the same rules

as others similarly situated.

And

so he should.

If his case

fell within the

new regulations,

we would grant the motion.

But

it does not.

For the allowance

of open burning until July

and of the air curtain destructor thereafter was based on

extensive testimony

as to the need

for such burning to deal

with landscape wastes, which

are defined as trees and the

like.

Some of the bulk problems attributed

to whole trees,~aswell

as the argument respecting the spread of disease,

are not so

easily applied

to sawdust or wood pieces

left over

after sawmill

operations.

The regulation

is limited to landscape wastes,

and all sawmill operators must still comply with

the total

ban on open burning.

Since

the basis

of the present motion is that the petitioner

was being treated unlike others

in the same situation,

and since

that premise

is incorrect, we must and hereby do deny the

motion.

On the other hand,

this action is without prejudice

to

the filing of

a supplemental variance petition stating

why~

it was

not possible to comply with the initial order, which was

based upon the petitioner’s

own program.

I, Chirstan Moffett, Clerk

of the Pollution Control Board,

certify that the Board adopted the above Supplemental Opinion

and Order this

~

day of February by

a vote of_____________

3

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