ILLINOIS POLLUTION CONTROL BOARD

October

24, 1972

LYLE LETHLEAN,

)

Petitioner,

v.

)

PCB 72—406

ENVIRONMENTAL PROTECTION AGENCY,

Respondent

)

PRELIMINARY ORDER OF THE BOARD

(by Mr. Parker):

A copy of

a letter from Lyle Lethlean to the Environmental

Protection Agency dated 9/26/72 was forwarded to the Board by

the Agency and received by the Board on October 16,

1972.

The

letter is considered to constitute

a variance petition.

The

letter seeks permission to burn tree limbs blown down during

recent storms.

The petition as filed fails to comply with our Procedural

Rule 401.

For example, we note that the petition does not contain

any information concerning the practicability of possible

alternatives to open burning, and the costs of those alternatives.

In particular,

the petition does not indicate why it would not be

practicabe

to utilize an air curtain destructor or similar’device

to minimize emissions and avoid the need for a variance.

The Petitioner

is hereby ordered to file an amended petition

with the Board on or before November 14, 1972,

the amended petition

to contain additional information consistent with the requirements

of our Procedural Rule 401, and the amended petition also to

include

a statement by Petitioner that the 90 day period provided

for in Title

9, Section 38 of the Environmental Protection Act

shall commence as of the date of filing of the amended petition.

In the absence of the filing of an amended petition on or

before November 14,

1972, the original petition shall be subject

to dismissal.

I, Christan L. Moffett,

Clerk of the Pollution Control Board,

certify that the Board ad~ptedthe above Preliminary Order on

this ~~fl~~day

of

~

,

1972, by a vote of

i/

to

c~

~

6