ILLINOIS POLLUTION CONTROL BOARD
    May 6,
    1991
    GERSTAD BUILDERS,
    )
    Petitioner,
    )
    v
    )
    PCB 91—73
    )
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.C. Marlin):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated May 3,
    1991.
    The recommendation refers to a
    request from Petitioner, Gerstad Builders for a 1—day provisional
    variance from the open burning prohibition,
    as set forth in 35
    Ill. Adm. Code 237.102.
    Upon receipt of the request, the Agency issued its
    recommendation, finding that a failure to grant the requested
    provisional variance would impose an arbitrary or unreasonable
    hardship on Petitioner.
    The responsibilities of the Agency and the Board
    in these
    short—term provisional variances are different from the
    responsibilities in standard variances.
    See Ill. Rev.
    Stat.
    1989,
    ch. l11~,pars.
    1035(b)
    &
    (c).
    In provisional variances it
    is the responsibility of the Agency to make the technical
    determinations and finding of arbitrary or unreasonable hardship.
    The Board’s responsibility is to adopt a formal Order, to assure
    the formal maintenance of the record, to assure the
    enforceability of the variance, and to provide notification of
    the action by a press release.
    Having received the Agency recommendation finding that a
    denial of the requested relief would impose an arbitrary and
    unreasonable hardship, the Board hereby grants Petitioner a one—
    day provisional variance from 35 Ill. Adm. Code 237.102 with the
    following conditions:
    1.
    The burning is limited to the landscape waste stated in the
    petition for provisional variance, more specifically,
    approximately 100 to 150 eight foot trees;
    2.
    The landscape waste must be burned only on the premises on
    which such waste is generated, more specifically, the rural
    farmland located at 900 Ridge Road, McHenry, NcHenry County,
    Illinois;
    3
    The burning must be conducted when atmospheric conditions
    122—25
    2
    will readily dissipate contaminants;
    4.
    The burning must not create a visibility hazard on roadways,
    railroad tracks or airfields;
    5.
    The open burning site shall be established on a cleared
    area, and access by unauthorized persons shall be adequately
    restricted;
    6.
    The open burning site shall be provided with adequate fire
    protection equipment;
    7.
    The materials used to promote combustion shall be of no
    lesser quality than number
    2 fuel oil;
    8.
    Burning shall at all times be supervised;
    9.
    Burning shall be conducted only during daylight hours;
    10.
    Ashes,
    residue, etc.,
    shall be disposed of in a manner
    consistent with the requirements of the Act and Regulations;
    and
    11.
    Gerstad Builders shall comply with other applicable sections
    of the Act and Regulations.
    IT IS SO ORDERED.
    B. Forcade and J.T. Meyer concurred.
    J.D. Duinelle
    dissented.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby certify that the above Order was adopted on the
    ~‘~-
    day of ___________________________,
    1991, by a vote of
    Dorothy M. Gi~in, Clerk
    Illinois Pollution Control Board
    122—26

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