ILLINOIS POLLUTION CONTROL BOARD
    August 18, 1983
    CITIZEN’S CONCERNED FOR THE QUALITY
    )
    OF LIFE IN LOCKPORT AREA,
    )
    )
    Complainant,
    )
    ) PCB 79—28
    )
    CITY OF LOCKPORT,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by J.D~ Dumelle):
    On July 21, 1983 the City of Lockport (City) filed a
    motion to modify the Board’s May 15, 1980 Order in
    this matter.
    On July 29, 1983 the
    City filed a supplement to that motion.
    On August 8, 1983 the Illinois Environmental Protection Agency
    (Agency), while not a party to this action, filed an infor-
    mational response, Leave to file this response is hereby
    granted. A response to the Agency’s informational response was
    filed on August 17, 1983.
    The
    Board’s May 15, 1980 Order directed the City to abate
    pollution “as soon as
    the
    Board’s approval of the facilities plan
    is given” (PCB 79—28, 38 PCB 251).. In
    its
    July
    21, 1983 motion
    the City requests that the Order be amended to direct that pol-
    lution be abated “by taking steps...as specified in the compliance
    plan... filed on
    July
    21, 1983, such steps to consist, at this
    time, of doing the design work for such facilities, including the
    payment of reasonable expenses related thereto and to costs of
    financing such payment.”
    Attached to the July 29, 1983 supplement is a letter from
    the Agency to the United States Environmental Protection Agency
    approving the City’s facility plan. The Agency, in its infor-
    mational response, verifies that the letter is a “true and
    correct copy” and that it has in fact approved that plan. The
    Agency “also questions the necessity for an amended abatement
    order,” the purpose of which “seems to be to avoid the pre-
    condition of facility plan approval,” and which may limit the
    abatement order to apply to the financing of “design only rather
    than construction,”
    53-197
    —2--
    Based upon the Agency~sapproval of the facilities plan, and
    given that the Agency is the entity which has the authority and
    jurisdiction to make such determinations, the Board hereby also
    approves the facilities plan as outlined in the compliance plan
    dated May 4, 1983 and as approved by the Agency by letter of
    July 21, 1983. Such approval is pursuant to paragraphs 6 and 7
    of the May
    15,
    1980 Order in this matter, Further, the Board
    agrees with the Agency that such approval obviates the need to
    modify the May 15, 1980 Order since the abatement order is now
    in effect under its terms to the full extent allowed by Section
    46 of the Environmental Protection Act. The motion to modify
    is, therefore, denied,
    IT IS SO ORDERED,
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Bo~d, hereby certif that t above Order was adopted
    on the
    1~
    day of ______________________, 1983
    by a vote of ~O
    ChristanL. of~eb3~~Clerk
    Illinois Pollution Control Board
    53-198

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