ILLINOIS POLLtITION CONTROL BOARD
    June
    2,
    1983
    MAPLE LAWN HOMES,
    )
    Petitioner,
    v.
    )
    PC13 83—37
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY AND CITY OF EUREKA,
    )
    )
    Respondents.
    SUPPLEMENTAL
    OPINION AND ORDER OF THE BOARD
    (by
    J.
    Anderson):
    On May 27,
    1983 Maple Lawn Homes
    (MLH) requested
    reconsideration of the Board’s Order of May
    19, 1983,
    which
    provided that the 33 P.E. anticipated from a 22 unit expansion
    could be directed to the City of Eureka treatment plant.
    MLH
    requests that the Order be modified to allow
    it
    to divert
    33 P.E.
    from a sewer serving an existing portion of the facility, namely
    MLH
    Manhole
    B,
    to City Manhold 1-46.
    It asserts that allowance
    of this equivalent diversion from the
    MLH
    plant would save
    an
    estimated $15,000 in costs
    to lay sewer
    line to implement the
    Board’s Order as drafted.
    On May 27,
    the MLH filed
    a supplement to the motion reporting
    that the Agency had no objection to the proposed modification, and
    that the
    Agency did not intend
    to file comments.
    On June
    1,
    1983
    the City of Eureka made comments by way of telegram.
    Its comments
    were that the proposed 33
    P.S. substitution was equivalent,
    hut that its certification of acceptance of these
    flows was contingent
    on resolution of contractual details.
    As this matter is
    being
    given expedited consideration, and the Board has verified that this
    telegram was sent,
    the procedural irregularity of this filing by
    telegram is waived,
    and the substance of the comments will be
    considered.
    The Board notes that
    MLH
    should have included this
    information concerning
    the nature of its existing system in its
    original petition,
    as confusion and delay would not then have
    resulted.
    The Board
    finds that r4LH’s verified motion proposes
    a
    more
    cost efficient means
    of achieving the end outlined in the
    Board’s May 19,
    1983 Order.
    MLH’s motion for modification is
    granted.
    The Board will amend its Opinion and Order as outlined
    below.
    52-291
    2
    This Supplemental Opinion and Order constitutes the Board’s
    supplemental findings of fact and conclusions of law
    in this
    matter.
    ORDER
    1.
    Paragraph a)
    of the Board’s May 19,
    1983 Order
    is
    vacated,
    and shall he replaced with the following:
    “a)
    This variance authorizes
    the Agency to issue
    to
    MLH permits tc~construct and operate a sanitary
    sewer extension to serve the 22 unit elderly housing
    units discussed in the Board’s Opinion.
    The antici-
    pated
    33 P.E.
    flows from the unit may be directed to
    the existing MLH sewage treatment plant
    (STP), provided
    that flows of
    33 P.E.
    are diverted from the MLH plant
    to the City of Eureka plant.
    MLH shall apply for
    permits
    to serve the
    22 new units and to accomplish
    any diversion from the existing sewer system as
    expeditiously as
    is practicable.
    Grant of this
    variance does not relieve MLH of its obligation
    to obtain the City of Eureka’s certification of
    willingness to accept 33 P.E.
    of additional
    flows.”
    2.
    The second sentence
    in the second
    full paragraph of page
    4 of the Board’s May
    19, 1983 Opinion is deleted,
    to be replaced
    with
    “Variance will be granted to allow immediate con-
    nection of
    33
    P.E.
    in flows to the Eureka system,
    with the condition that the existing overloaded
    lagoon system be operated
    in the best manner
    practicable.”
    3.
    MLH shall certify acceptance of the Board’s Order of
    May 19,
    1983 as amended by this Order of June
    2,
    1983.
    IT IS SO ORDERED.
    I,
    Christan L.
    Moffett,
    Clerk of the Illinois Pollution
    Control Board,
    hereby certify tha,~the above Supplemental Opinion
    and Order was adopted on the c$~
    day of
    ~
    ___
    1983 by a vote of
    _____
    ~is~L.Mof,~l
    erk
    Illinois Pollutio
    Control Board
    52-292

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