ILLINOIS

POLLUTION CONTROL BOARD

March

22,

1971

CITY OF LITCEFIELD

V,

)

#PCB 71—35

ENVIRONMENTAL

PROTECTTON

AGENCY)

Opinion and Order of

the Board

(by Mr. Currie):

The City of Litchfield asks

a variance

to permit the open

burning of trees,

alleging that the burning will take place

400

yards from the nearest home and only when the wind is away from the

residents,

and that

the City has no money

to dispose of the trees by

landfill.

These allegations, even

if proved true, would not entitle

the City to

a variance,

as we have held in several prior

cases.

For

this reason no hearing

is needed.

See PCB Regs.,

Ch.

1,

Rule 405

(b)

(1).

That

it costs

the tree burner more

to avoid pollution than

to cause it is no reason to allow pollution.

See Swords

v,

EPA,

#70—6

(Sept.

2,

1970); City of Jacksonville

v,

EPA,

#70~-30 (Jan.

27,

1971);

Valence

v,

EPA,

#70—54

(March

3,

1971),

It

should be added that we

are presently considering a proposed

new regulation regarding open burning,

and one proposal before us

would change the present rule to allow the open burning of trees

under controlled conditions,

If in that rule-making proceeding

(#R70-ll)

it is shown

that alternative disposal methods are indeed

less attractive than open burning, we

shall

reconsider our policy

and issue

a revised rule,

Comments

are invited.

In .the meantime,

however, open burning is forbidden,

The petition is dismissed,

I,

Regina E,

Ryan,

do hereby certify that the above opinion and

order was approved this

22nd,

day of

P~rch

,

1971,

REGI~A

E. RYAN

CLEkK OF THE BOARD