ILLINOIS POLLUTION CONTROL BOARD
September 26, 1973
N.
E.
FINCH COMPANY,
Petitioner,
V.
)
PCB 73—214
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
Edward F.
Sutkowski, Attorney for Petitioner
Larry
R.
Eaton, Assistant Attorney General for the EPA
OPINION AND ORDER OF THE BOARD
(by Mr. Henss)
Petitioner
N.
E. Finch Company is a general contractor
engaged in land clearing operations for the construction of
a power generating station in Fulton County,
Illinois.
Finch
filed application with the Environmental Protection Agency
requesting
a permit to open burn landscape waste, with com-
bustion to be aided by mobile blowers.
The Agency denied the
permit on the ground that the mobile blowers were not comparable
to an air curtain destructor and that Petitioner therefore did
not comply with Paragraph 504(a) (4)
of Chapter
2, Air Pollution
Part V, Open Burning of the Pollution Control Board Rules and
Regulations.
The Company filed Notice of Appeal from the permit
denial.
The Agency now moves to dismiss the Appeal stating that the
open burning can take place in conformity with the Regulations
and without the need of a permit.
Petitioner concurs in a
dismissal of the Appeal as moot.
The record indicates that the
burning will not take place
in an area which is listed as a “prohibited area”
under Paragraph
503(c) (4)
of the Open Burning Regulations.
One person resides
about
3 miles from the location of the burning and all others
live at least 5 miles away.
Petitioner states that the open
burning will take place in conformity with Rule 503(c)
of the
Open Burning Regulations.
~—34i
—2—
We agree with the parties
that
a permit is not needed and
the matter
is moot.
The appeal should be dismissed for that
reason.
It is ordered that the appeal be dismissed as moot.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify the abov
Opinion and Order was adopted
this
~C.~’+l’.
day of
____
~yy~4H.A,)
,
1973 by
a vote of
9
—
342