ILLINOIS POLLUTION CONTROL BOARD
    March
    28,
    1972
    DONALD
    G. NICKEL d/b/a NICKEL
    BROTHERS TREE SERVICE
    v.
    )
    PCB 71—392
    ENVIRONMENTAL PROTECTION AGENCY
    Opinion and Order of
    the Board
    (by Mr. Aldrich):
    A petition for variance was
    filed December
    30,
    1971, by Donald
    G. Nickel
    d/b/a Nickel Brothers Tree Service
    (“Nickel”)
    of Beloit, Wisconsin.
    Petitioner requests
    a variance for one year
    to dispose of approximately
    120 tons of waste building lumber by burning
    it with
    an air curtain
    destructor.
    Site of the proposed burninq is located in Winnebago
    County,
    Illinois.
    After ~eceipt
    of
    a recommendation from the Envir-
    onmental Protection Agency
    (“Agency’t)
    the Board decided that no hearing
    was necessary for proper resolution of
    the
    case.
    Nickel
    seeks to dispose of waste building lumber from which asphalt
    roofing has been removed.
    The asphalt materials would be separated
    by
    the wrecking
    companies before hauling the building waste
    to
    the
    burning site.
    Petitioner has obtained
    a permit from the Agency allowing Petitioner
    to burn with an air curtain destructor approximately
    1,200 tons of
    landscape waste.
    Nickel indicates that the burning of
    the waste
    building lumber would
    act as
    a kindling agent to aid
    the burning
    of the landscape waste!
    and is directly related to the financial
    feasibility
    of the entire venture.
    Nickel
    further states that unless
    it is peimitted to burn waste building lumber it will
    have
    to abandon
    the permit to burn landscape waste.
    Petitioner also contends
    that
    burning
    is
    the only known effective method for disposing of waste
    building lumber and
    that alternate methods of disposal,
    such as
    burying,
    are rapidly becoming exhausted.
    No objection to the granting of the variance was received.
    The Agency
    recommends that the variance be granted providing that all conditions
    of
    the permit granted to Nickel
    for the burning of landscape waste
    be made applicable
    to this variance
    as conditions
    thereto,
    that all
    waste building lumber that is burned be free of asphalt roofing
    and
    that before operating,
    Petitioner be required to post
    a performance
    bond in the amount of $20,000.
    4
    105

    We feel that Petitioner has adequately discharged his responsibility
    to prove the need for a variance.
    We, therefore, concur with the
    recommendation of the Agency and grant the variance with an appropriate
    set of conditions as specified in the order.
    In a letter dated March 15,
    1972, ?etitioner asks thnt the restriction
    on time of burning, 10:00 A.M. to 4:00 P.M.,
    a condition of the permit,
    be changed to allow burning
    “from
    7:00 A.M. to dusk on days that are
    most suitable for burning.”
    We grant the variance on the basis of
    the time limit in the permit and shall ask the Agency to respond by
    April
    20, 1972,
    to Petitioner’s request for an extension of the hours
    per
    his letter of March 15, 1972.
    The
    arguments
    presented
    by
    Petitioner
    and our
    disposition of the case
    suggest
    to
    us
    that
    we
    should
    examine
    the
    acceptability
    of
    burning
    wood product wastes with the aid of an air curtain destructor.
    In
    adopting Open Burning Regulations, R 70-11, we limited the use of
    the air curtain destructors to the burning of “landscape wastes.”
    We
    now
    ask ourselves whether it is necessary or reasonable to make
    a distinction between basically the
    same
    materials——wood or
    lumber
    wastes and landscape wastes.
    We need to know the answer to thrse
    questions:
    --What is the environmental damage
    from
    permitting
    the
    burning
    of
    wood
    product
    wastes
    in
    an
    air
    curtain
    destructor?
    ——Are
    there
    beneficial
    uses
    for
    wood
    wastes
    that
    have
    not
    been
    adequately
    explored?
    --What
    are
    the
    problems
    of
    alternative
    methods
    of
    disposal,
    mainly
    in
    landfills?
    Is
    this
    an
    efficient
    use
    of
    a
    limited
    resource
    for
    disposal?
    Are
    there
    special
    problems
    in
    handling
    and
    compacting?
    We
    shall ask the Agency
    and
    the Institute to study the matter and to
    propose a modification in R70-ll on which we can schedule hearings as
    soon
    as
    is
    feasible.
    This
    opinion
    constitutes
    the
    Board’s
    findings
    of
    fact
    and
    conclusions
    of law.
    ORDER
    1.
    Donald G. Nickel d/b/a Nickel Brothers Tree Service is hereby
    granted
    a
    variance
    from
    the
    Open Burning
    Regulations
    CR70— 11)
    until
    March
    28,
    1973,
    in
    order
    to
    dispose
    of
    approximately
    120 tons of waste buildinq lumber by burning with an
    air
    curtain destructor at its disposal site in Winnebago County,
    Illinois.
    4—106

    2.
    Conditions
    1 through 17 of the permit granted
    to Nickel by the
    Environmental Protection Agency on November 22,
    1971, ale hereby
    made
    a part of this order.
    Under condition No.
    4., burning is
    limited to the hours
    of 10:00 A.M.
    to 4:00 P.M.
    3.
    All
    waste building lumber that
    is burned shall be free of
    asphalt roofing.
    4.
    Before operating, Nickel shall post a performance bond
    in the
    amount of $20,000,
    in a form acceptable to the Agency,
    to be
    forfeited in the event Nickel fails
    to comply with any condition
    of this variance.
    I, Christan Moffett, Clerk of the Pollution Control Board, ,~pertify
    that the Board adopted the above opinion and order this.~3’_7dayof
    March,
    1972, by a vote of
    to
    0.
    4
    107

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