August 23, 1973FRANK NUTTY, INCORPORATED andPAULTER BROTHERS CONTRACTORS., INC.)Petitioners,vs.
Henss)
Petitioners request a variance from the Open BurningRegulations for the purpose of clearing brush and timberfrom the site of a proposed water reservoir under constructionby the City of Carbondale.
In our recent decisions we have
made clear that brush and timber cleared from a constructionsite may be burned if it is not located in a prohibited area.
Accordingly, we find that the landscape waste may be burned
in compliance with the Regulation; that a variance is not necessary;and the Petition should be dismissed as moot.
Allowed
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