ILLINOIS

POLLUTION

CONTROL

BOARD

April

25,

1972

GLEN

OAK

CEMETERY

Cs.,

FOREST

)

ROME

CEMETERY

CO., CEDAR

PARK

)

CEMETERY

ASSOCIATION,

OAXRIDGE

)

CEMETERY,

INC.

)

I)

)

#172—117, 72—118,

v.

)

72—119,

72—120

ENVIRONMENTAL

PROTECTION

AGENCY

Opinion

&

Order

of

the

Board

(by

Mr.

Carrie):

Our

order

of

Marc1~

28

dismissing

these

requests

for

permission

to

burn

diseased

trees

was

reversed

ex

parte

by

the

Appellate

Court,

which

directed

that

a

mandate

issue

forthwith

and

that

we

‘issue

a

permit

in

accordance

with

rules

and regulations.”

Our

motions

for

rehearing

and

for

stay

pending

appeal

were

denied

by

the

Appellate

Court

and

by

Mr. Justice

Ward

of

the

Illinois

Supreme

Court

respectively.

No opinion

has

been

filed

giving

reasons

for

the

reversal.

Since

the

mandate

has

been issued and a stay denied, we

have

no

recourse

but

to

comply with

the

order

to

the

extent

it lies within our power to do so.

Nothing in the statutes

gives us authority to issue permits, except for nuclear

facilities.

The best we can do is to order that the Environmental

Protection Agency,

which

has statutory authority over permits,

issue one.

In reading the court’s order without benefit of an

explanatory opinion, we can only conclude that this permit

may

be subject to such conditions as

are

required by the

regulations

and

as the

Agency

may

find

necessary to further

the purposes of the

Act,

since the order says a permit shall

issue “in accordance with rules and regulations.”

It is so ordered.

I,

Christan

Moffett,

Clerk

of

the

Pollution

Control

Board,

certify

th~t the

Board

adopted

the

above

Opipion

and

Order

this

p5”

day of April, by a

vote

of

SeO

7//

4—431