ILLINOIS POLLUTION CONTROL BOARD
    February 14,
    1973
    STERLING PARK DISTRICT,
    Petitioner,
    vs.
    )
    PCB 72—409
    ENVIRONMENTAL PROTECTION AGENCY,)
    Respondent.
    Robert Caughey, Attorney for Petitioner
    Michae:i Benedetto,
    Jr., Assistant Attorney General for the EPA
    OPINION AND ORDER OF THE BOARD
    (by Mr. Henss)
    Petitioner Sterling Park District has requested a variance
    prom
    Section 502 of this Board’s Air Pollution Regulations to
    authc~rize
    leaves to be burned in Sinnissippi Park.
    In its
    ‘.‘~tit:Jonthe Park District stated that approximately 2,300 cubic
    ‘~a~ds
    of leaves are to be burned and that disposing of the leaves
    at
    a landfill site would cost well over
    $5,400,
    a sub~tantial
    burden for the Park District.
    Petitioner stated that the leaves
    would be burned between the hours of
    2 p.m. and
    9 p.m. with the
    wind out of the northwest so as to blow the smoke away from popu-
    lated areas.
    The Sterling Park District has 387 1/2 acres of
    park lands
    lying
    inside and outside the corporate city limits.
    However,
    the variance is requested only for Sinnissippi Park which
    consists of some 150 acres and lies
    3/4
    to
    1 mile outside of the
    city limits.
    Subsequent
    to the filing of the variance petition we amended
    the Open Burning Regulation and provided that landscape waste may
    be burned under certain conditions
    in areas more than 1,000
    feet
    from a municipality.
    In cur Opinion of November 28, 1972 we said
    “park districts or forest preserves which are not located in a
    prohibited area may conduct open burning of landscape waste, but,
    because, of the quantities
    of waste which may be involved need to
    take special care not to create a nuisance.
    Such open burning of
    landscape waste is authorized only on the premises where it is
    generated when atmospheric conditions will readily dissipate the
    contaminates and if the burning does not create a visibility
    hazard”.
    Our Amendment to the Regulation would appear to authorize
    the open burning of Sinnissippi Park leaves and make a variance
    unnecessary.
    Therefore,
    the Petition for a variance to burn
    Sinnissippi Park leaves on the Sinnissippi Park premises is dismissed
    as moot.
    7
    97

    —2—
    Although it
    is not very clear from the record Petitioner
    may be planning to burn leaves
    from all o
    its parks, those
    within the City included.
    Estimates of the cuantity of leaves
    actually to be burned ranee up to 25,000 cubic
    yards,
    far in
    excess of the 2,300 cubic
    yards
    mentioned in the Petition.
    Testimony
    indicates
    that
    additional
    leaves are hauled
    to the burn
    site
    from
    Lincoln
    Par~z
    which
    is located inside the Sterlinq city
    limits and from another location called Hoover Addition.
    rIo
    the
    extent that Sterling Park District may he planninq to haul leaves
    from a prohibited area for
    burning
    at Sinnissippi Park
    the
    variance petition will
    be denied.
    There
    is no testimony indicatin~
    that
    compliance
    with
    the
    Regulation
    will
    cau~e
    a
    creator
    hardshi~
    for
    this
    Park
    District
    than
    for
    other
    park
    dis:rtcts
    around
    ~ho
    State
    or
    for
    individual
    citizens.
    We
    note
    that
    the
    Director
    of
    Environmental
    Health
    for
    the
    Whiteside
    County
    Health
    Department
    opposed the variance.
    He stated that
    it would create misunder—
    standing
    and
    confusion
    among
    the citizens
    in the area
    if thi
    k
    District were permitted
    to burn leaves waile those citizens
    were
    in compliance with the Regulation.
    We agree.
    The EPA estimates
    that
    the burning
    of 25,000 cubic yards
    of
    leaves will
    qive off
    almost
    6
    tons of particulate matter.
    We
    do not approve
    of
    hauliiv~
    the leaves to cause such
    a concentration of contaminants
    in
    one
    community.
    It
    is
    our
    ruling
    that
    the
    Sterling
    Park
    District
    shal
    1
    comely
    with the Regulation in all respects.
    No variance
    is granted.
    Leaves which grew at Sinnissippi Park
    may be burneT
    there in com-
    pliance
    with
    the Regulation when atmospheric conditions will readil’
    dissipate
    contaminants.
    I,
    Christan
    L.
    Moffett,
    Clerk
    of
    the Illincis Pollution Control
    Board,
    hereby
    certify
    the
    above
    Opinion
    anH
    Order
    was
    adopted
    this
    _______day
    of February,
    ty73 by
    a vote of~______to
    ______
    7
    98

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