ILLINOIS POLLUTION CONTROL BOARD

Ai~gust5,

1971-

G. HELMK~~NP

EXCAVATING

&

TRUCKING CO.)

v.

)

#

71—186

ENVIRONMENTAL PROTECTION AGENCY

)

EXMOOR COUNTRY CLUB

v.

)

~

71—201

ENVIRONMENTAL PROTECTION AGENCY

Opinion and Order of the Board

(by Mr. Currie)

These petitioners seek variances to burn trees.

Both petitions

are wholly deficient.

A variance is not something one obtains simply

by asking for it;

it is permission to do what the law forbids, and it

is granted only upon a showing of arbitrary or unreasonable hardship.

The Board’s procedural rules indicate the information that must be

contained in a p~titionfor variance.

In neither case here~is there

any allegation of hardship or of the effect of such burning on persons~

in the vicinity.

See City of Jacksonville~v.EPA,

4~

70-30, Jan. 27,1971.

The petitions are dismissed.

We have presently under consideration

a proposed revision of

the open burning’rules that would allow the

Environmental Protection Agency to grant permits under appropriate

conditions for

thee

burning.

Final action on this change is expected

in early September.

Today’s dismissal is without prejudice to any

action on a subsequent revised petition or to any application under

the fevised rules if they are adopted.

I, Regina E. Ryan, Clerk of the Pollution Control Board certify

that the Board adopted the above opinion

2

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247