ILLINOIS POLLUTION CONTROL BOARD
    August 23, 1973
    CITY OF RUSHVILLE,
    Petitioner,
    )
    vs.
    )
    PCB 73—233
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Henss)
    City of Rushville filed its Petition for Variance on
    Nay 30, 1973 asking for relief from the Open Burning Regulations
    in order to dispose of landscape waste from about 150 acres of
    land being cleared for a flood control structure and water shed
    project in Schuyler County, Illinois.
    Petitioner advises that open burning will not take place
    within 1,320 feet of any residential or populated area or within
    two miles of any municipality having a population of 1,000 or
    more persons. The plan is to burn the landscape waste from
    August through October 197 in accordance with the limitations
    of Rule 503(c) of the Open Burning Regulations. Petitioner has
    indicated that all remaining residue after burning will be buried.
    The Agency did not file a Recommendation on this matter.
    We believe the petition can be dismissed as moot under the
    interpretation announced in City of Hillsboro vs. EPA (PCB 72-394).
    No need for a variance has been shown. Petitioner may burn the
    landscape waste provided that such burning is in compliance with
    the Regulation.
    ORDER
    It is ordered that Petitioner’s request for variance be
    dismissed as moot.
    9
    —
    95
    —2—
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, he ~y certify the above Opinion and Order was adopted
    this
    ~J
    day of August, 1973 by a vote of
    3
    to
    p
    9
    —
    96

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