ILLINOIS POLLUTION CONTROL BOARD
April 26, 1990
THE ENSIGN-BICKFORD COMPANY,
Petitioner,
v.
)
PCB 90-83
(Provisional Variance)
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
ORDER OF THE BOARD (by J. Marlin):
This matter comes before the Board on receipt of an Agency
Recommendation dated April 25, 1990. The recommendation refers
to an April 11, 1990 request from Petitioner, Ensign—Bickford
Company for a 45—day provisional variance from Board regulations
relating to open burning, as set forth in 35 Ill. Adm. Code 237,
for the period from May 1, 1990 to June 14, 1990.
Upon receipt of the request the Agency issued its
recommendation, concluding that the failure to grant the
requested 45—day provisional variance would impose an arbitrary
or unreasonable hardship on Petitioner.
The Ensign—Bickford Company operates a manufacturing facility
in Wolf Lake, in Union County. At this facility are two wooden
structures contaminated with explosive wastes. Ensign—Bickford
presently disposes of its explosive wastes by open burning under
the variance granted by the Board in PCB 88-156 and PCB 88—168
(consolidated). Ensign—Bickford plans an expansion of these
facilities with new, modern buildings and proposes to burn two
existing structures to reduce potential hazards to the
environment from their continued existence. These structures are
the “Break—out” and “Balloon” buildings. The “Break-out”
building is a single—story structure l6~ feet wide and 49 feet
long, with a shingle roof. The “Balloon” building is a single—
story structure 22 feet wide and 44 feet long, with t.:o 12 foot
by 21 foot annexes and a tar—paper roof. Ensign—Bickford’s
comp1ian~e plan consists of removing the roofing material prior
to burning, removal and open burning of waste materials pursuant
to its effective variances, then burning the buildings pursuant
to this provisional variance.
The Agency recommends that the Board grant the requested
provisional variance with certain conditions. The Agency cites
that the Board has not yet granted Ensign—Bickford provisional
variance relief during 1990. The Agency points out that the
burning will have “some environmental impact to an unquantified
degree,” but that this should not cause a violation of the
1 1O—42~
—2—
National Ambient Air Quality Standard.
In light of the Agency Recommendation, the Board hereby
grants a provisional variance from 35 Ill. Adm. Code 237 from May
1, 1990 to June 14, 1990, with the following conditions:
1. That Ensign—Bickford remove the roofing materials from
the “Break—out” and “Balloon” buildings prior to burning
the structures;
2. That Ensign—Bickford remove all explosive waste
materials from the “Break-out” and “Balloon” buildings
prior to burning the structures;
3 That Ensign—Bickford shall not burn both the “Break—cut”
and “Balloon” buildings in the same day;
4. That Ensign—Bickford shall only burn the “Break—Out” and
“Balloon” buildings on calm, clear days when the wind
speed does not exceed 10 miles per hour;
5. That Ensign-Bickford. shall promptly clear the site of
resultant ash after it has burned each of the “Break-
out” and “Balloon” buildings;
6. That Ensign—Bickford shall have fire prevention plans
and equipment ready and in place at the facility when it
burns the “Break—Out” and “Balloon” buildings, as
described in its April 11, 1990 variance request to the
Agency; and
7. That Ensign—Bickford shall notify the Agency, the local
fire department, and the county forestry service of the
exact date and time when the proposed burning will
occur, at least 72 hours in advance of when it is
intended to occur.
IT IS SO ORDERED.
Board Member J. Dumelle dissents.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
~__day of__________________
,
1990, by a vote of
~/
/
,// ‘,•
Dorothy M./Gunn, Clerk
Illinois Pbllution Control Board
110—422