ILLINOIS POLLUTION CONTROL BOARD

August 23, 1973

FRANK NUTTY, INCORPORATED and

PAULTER BROTHERS CONTRACTORS., INC.)

Petitioners,

vs.

PCB 73—249

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Henss)

Petitioners request a variance from the Open Burning

Regulations for the purpose of clearing brush and timber

from the site of a proposed water reservoir under construction

by the City of Carbondale. In EPA vs. Nutty et al, PCB 72-507,

Petitioners were penalized $250 for unlawful open burning

conducted on October 20, 1972 on this same site, and were

directed to obtain a variance or permit prior to further open

burning.

On November 8, 1972 the Regulation was modified so that

open burning of landscape waste could occur in many situations

without permit or variance. In our recent decisions we have

made clear that brush and timber cleared from a construction

site may be burned if it is not located in a prohibited area.

Worthy Brothers Pipeline Company vs. EPA, PCB 73-283 (July 26,

1973). The landscape waste which is involved in this case is

not located in a prohibited area. See Chapter 2, Air Pollution,

Part V, Open Burning Rule 503(c) (4) The nearest residence is

more than two miles from the site.

Accordingly, we find that the landscape waste may be burned

in compliance with the Regulation; that a variance is not necessary;

and the Petition should be dismissed as moot. Petitioner may burn

the landscape waste provided the burning is conducted with care to

avoid injury to human, plant or animal life, to health or to

property or the unreasonable interference with the enjoyment of

life or property.

The variance petition is hereby dismissed as moot.

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I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hej~bYcertify the above Opinion and Order was adopted

this

~J

day of August, 1973 by a vote of ~J to

~j

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