ILLINOIS POLLUTION CONTROL BOARD
    May 28, 1987
    IN THE MATTER OF:
    )
    )
    JOINT PETITION OF THE CITY MATTOON
    )
    PCB 85—215
    AND THE ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY FOR EXCEPTION TO
    )
    THE COMBINED SEWER OVERFLOW REGULATIONS
    )
    ORDER OF THE BOARD (by J,. Marlin):
    This matter comes before the Board on a Motion for
    Modification which was filed by the City of Mattoon (Mattoon) on
    May 18, 1987. Mattoon is requesting that the Board modify its
    Order of April 24, 1986 to add a paragraph stating that the
    Board’s Order in this matter “is necessary to alleviate an
    emergency condition,.” Mattoon states that such a modification is
    needed in order to permit financing of proposed work, which is
    required by the April 24 Order, at a “much longer rate of
    interest,.” Mattoon states that the Modified Order is sought
    pursuant to Ill,. Rev,. Stat,. 1986 Supp,., ch,. 24, par,. 8—4—1,. In
    addition, Mattoon states that the Illinois Environmental
    Protection Agency (Agency) has not objection to the motion,. A
    telephone call to the Agency has confirmed this assertion,.
    After reviewing Subsection 13 of Section 8—4—1, which is the
    only subsection that concerns “emergency conditions,” the Board
    concludes that a Board Order, as requested by Mattoon, is not
    necessary to fulfill the requirements of Section 8—4—1,.
    Subsection 13 states that the municipality’s “ordinance shall
    specify that the construction or improvement
    ~
    is necessary to
    alleviate an emergency condition..” Consequently, it is the
    statutory role of the municipality, not the Board, to reach such
    a conclusion,.
    Given the present record, the Board finds no reason to
    modify the Order as requested by Mattoon,. The Board hereby
    denies Mattoori’s motion,. If Mattoon believes that the Board has
    misconstrued Mattoon’s position, Mattoon may present additional
    argument in a Motion for Reconsideration of this Order,.
    IT IS SO ORDERED,.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereb certify that the above Order was adopted on
    the
    ______________
    day of
    ____________,
    1987 by a vote
    of
    -
    ,.
    P~f.noYs ~o fuPlon &ntrol Board
    78-124

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