ILLINOIS POLLUTION CONTROL BOARD

July 26, 1973

WORTHY BROTHERS PIPELINE CO.,

Petitioners,

vs.

)

PCB 73—283

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER

(by

Mr.

Henss)

Petitioner seeks a variance from the Open Burning

Regulations for the purpose of burning brush and other

wooded material cleared from the land in a construction

project. ~The project is for the installation of a 46

mile long pipeline from the west bank of the Ohio River

to a point approximately 1 mile south of Lick Creek,

Illinois. The 45 foot right-of-way is located in rural

country and does not come within 1 mile of any municipality.

About 73 acres of woods and brush are scattered along the

46 miles of right-of-way. Petitioner states that the cost

of burning this material with an air curtain destructor would

be prohibitive.

We have previously decided that natural vegetation being

cleared from the land is landscape waste and is not trade

waste. City of Hilisboro vs. EPA, PCB 72-394; Department of

Conservation vs. EPA, PCB 73-202. The open burning of land-

scape waste is prohibited in certain areas of the State under

Rule 503(c) (4) of our Open Burning Regulations. The land-

scape waste which is involved in this case is not within a

prohibited area. Therefore, the landscape waste may be

burned without a variance and the case will be dismissed as

moot. The burning should be 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.

8— 639

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—2—

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

Control Board, hereby certify the above Order was adopted

this o~” day of July, 1973 by a vote of

~

to ~

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