ILLINOIS POLLUTION CONTROL BOARD

December 13,

1973

CONCERNED CITIZENS COMMITTEE,

Complainant,

v.

)

PC~3

73—92

CITY OF GENOA,

Respondent.

Stanley Olsen appeared for Concerned Citizens Committee

Robert C.

Jenkins, City Attorney on behalf of City of Genoa

OPINION AND ORDER OF THE BOARD

(by Mr. Henss)

Chairman Roy Tewksbury

(now deceased) and co-chairman

Stanley Olsen, representing the Cbncerned Citizens Committee,

filed a formal Complaint with the Board on March

6,

1973

charging the City of Genoa with responsibility for sewage

backups in the basements of about

65 houses in Genoa.

The

Genoa attorney stated that the Complainants had failed to serve

a copy of the Complaint on the City, but apparently the parties

did get together and agree upon

a settlement prior to the hearing

date.

On August 7,

1973

a public hearing was conducted.

Neither

party offered evidence but they submitted

a six paragraph Statement

and Settlement Agreement.

The Settlement Agreement ackno~.i1edged

the existence of problems with the sanitary sewer system which had

led certain homeowners

to experience sewage reversals and untreated

sewage in their basements.

This was caused by infiltration into

the sewer lines, direct entry of storm water, illegal connection

by users, defects in the sewer lines by reason of age, improper

installation and poor soil conditions.

It was agreed that the City

‘1shall immediately upon the execution of this Agreernent~inspect

all sewers in the affected area for the purpose of repairing, re-

placing or otherwise correcting such defects; continue application

for and use of available sources of revenue for the purpose of

providing an adequate sewer system;

and commence an exhaustive

survey of the affected area no later than August 20,

1973,

complete

the survey by January

1,

1974 and thereafter complete a survey as

to the entire City.

10—305

---

—2—

We recently held in Donaldson vs. Elmhurst, PCB 72-389,

that we will hear complaints regarding sewage systems which

deposit sewage in homes.

In this particular case,

however,

the parties have not submitted sufficient information so that

we can come to any conclusions about the inadequacies of the

sewage system.

~hey seem to have worked out their problems

in a manner which

is satisfactory to them and the settlement

does not really call for any action by the Board.

The

only question which is asked of us is whether a sewer

connection ban would be proper.

Our response is that we were

not given sufficient information to reach

a conclusion on the

matter.

The Statute requires that the public be given

30 days

notice of any hearing which might affect the right of the public

to the use of a community sewer.

The hearing must include

a full

inquiry into the social and economic impact of any decision to

restrict usage of the sewer.

(Environmental Protection Act ~

33)

We

have,

on occasion, prohibited further connection

to a sewage

system pending the upgrading of the system, but this is a serious

step to be taken only upon presentation of substantial evidence

regarding the inadequacies of the sewage system and the failure

of the sewer system operator to attend to

those inadequacies.

The Board commends the parties

for the amicable settlement

which has been reached.

We have no reason to disapprove of the

settlement and therefore accept it and terminate the proceedings

herein.

IT IS SO ORDERED.

I,

Ctiristan L. Moffett, Clerk of

the

Illinois Pollution Control

Board,

hereby certify the above Opinion and Order was adopted

this

~

day of

__________

1973 by a vote of

$

to p