ILLINOIS POLLUTION CONTROL

BOARD

March

28,

1972

GLEN OAK CEMETERY CO.

)

v.

)

#

72—117

ENVIRONMENTAL PROTECTION AGENCY

FOREST HOME CEMETERY CO.

v.

)

~

72-118

ENVIRONMENTAL PROTECTION AGENCY

CEDAR PARK CEMETERY ASS’N

v.

)

#

72-119

ENVIRONMENTAL PROTEC~rIONAGENCY

OAKRIDGE CEMETERY

(HILLSIDE),

INC.

V.

)

#

72-120

ENVIRONMENTAL PROTECTION AGENCY

Opinion

& Order of

the Board

(by Mr.

Currie):

These four petitions request variances to permit

the

open burning of diseased trees within restricted areas contrary

to the open burning regulations.

The petitions do not allege

facts which,

even if proved, would justify the relief sought,

and therefore they are dismissed without hearing.

There is no

adequate allegation as to what harm would result to persons

in the area if burning were permitted,

and there is no adequate

explanation of why it

is thought to be unreasonable to utilize

an air-curtain destructor,

as authorized by

the regulations,

or

to transport the material outside the restricted

area.

The

open burning regulations

are not

to be taken lightly.

Methods

are provided

in those regulations

to allow

the burning of diseased

trees under appropriate circumstances which

are not satisfied

here.

We note that one

of the present petitioners submitted

a very similar petition that we dismissed on

the same ground

a

short time ago.

Cedar

Park Cemetery Ass’n

v.

EPA,

#72-29

(Jan.

31,

1972).

That dismissal

is precedent for todayvs action.

The petitions

for variance

in these four cases are hereby

d:Lsmissed.

I, Christan Moffett, Clerk of

the Pollution Control Board, certify

that

the

Board

adopted

the

above

Opinion

& Order

this

28th

clay

O~

March,

1972

by

a

vote

of

5—0.

______

4

—

125