ILLINOIS POLLUTION CONTROL BOARD

February

6,

1973

PEKIN LAKE CONSERVATION AREA

v.

)

PCB 72—420

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF THE BOARD

(by Mr. Dumelle)

This

is a petition for variance from Rule 502 of the

Illinois Air Pollution Control Regulations to allow the open

burning of demolished shacks and cabins in the Pekin Lake

Conservation Area.

Hearing was held on December 13,

1972.

In 1970 the Governor appointed

a Citizens Advisory Board of

Pekin residents in order to formulate plans and assist in

developing certain land as a state park.

At that time,

the

land contained around 40 shacks and cabins used mostly by

squatters.

Also on the property were dumps, garbage and other

debris causing a general health problem.

At

the present time

most of the buildings have been demolished.

A few have been

burned under

a prior permit.

The materials to be burned consist of

lumber, roofing and

other miscellaneous items commonly found in building construc-

tion.

Petitioner has been unable to estimate the quantity

of discharge expected due to the varying sizes of the debris

piles.

The buildings occupy a border along the east side of

the

property that stretches for approximately one mile.

The area at present is unsanitary and appears to be very

dangerous,

especially to children.

There is evidence of rats

and other vermin in the area.

There is also evidence that the

buildings are structurally unsafe and could collapse.

Children

have been congregating in the buildings and the police are

concerned about their activities.

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Presently there are inadequate governmental funds

available

to the petitioner

(the Department of Conservation)

to remove the debris by hauling it by truck

to

a landfill

somewhere.

Even if the funds were available,

in order to

haul the material away it would be necessary to construct

roads, trails and other working areas for cranes, bulldozers,

trucks and other equipment that would cause deterioration or

destruction of much of

the natural landscape which

is already

there.

The burning is planned for over

a period of time so as

to

allow the existing atmospheric conditions

to readily dissipate

any contaminants

that would be present.

Care would be taken

by the City of Pekin and professionals in the area so

that

no

visibility hazard would be created

to

the railroad which adjoins

the Conservation Area property or

to any roadway

that would be

nearby.

Also,

it is

planned

that

durinq

any burn there

would

be rat bait stations set up so there would he

no

problem

to

neighbors on the other side of the railroad.

The rookery area

for wild fowl

is far enough away

that it should not

be

harmed.

It is also planned that the burning would

be

conducted in

cooperation with the Pekin Fire Department and

the

City and

County Health Officers.

After the burning

is completed,

the

debris will be buried in the immediate area.

We grant the variance in this case.

While we are not

satisfied that the petitioner has taken all steps necessary

to

explore alternative means to burning, we do feel

that there

is

a definite need to clean up

the area both sanitarily and

asthetically as soon as possible in order

to abolish

the un-

questioned hazards.

Since the petitioner

is

a State agency,

to

deny the variance might cause an inordinate delay in eliminating

these hazards because of the budget process.

The

fact that

the

intended purpose for the land is for public recreation and enjoy-

ment

is a significant factor to our decision.

This opinion constitutes the Board’s findings of fact and

conclusions of law.

ORDER

The petition for variance to allow open burning is granted

on the following conditions:

1.

That the Agency

is fully notified by petitioner

of exactly where, when and how the burning is intended to occur.

7 —30

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2.

That wind directions at

the time of burning

are such that residences and rookery areas will not be affected.

3.

That suitable fire protection and rat elimination

precautions are taken.

4.

That this burning and the renovation of the area

be accomplished by May

5,

1973.

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

Control Board, certify that the~aboveOpinion and Order was

adopted by the Board on the

~~day

of

_______________,

1973,

by a vote of

.~

to

~

I

7—

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