ILLINOIS POLLUTION CONTROL BOARD
    November
    17,
    1988
    IN THE MATTER OF:
    )
    THE PETITION OF THE
    )
    CITY OF LaSALLE FOR EXCEPTION
    )
    PCB 86-2
    TO THE COMBINED SEWER
    )
    OVERFLOW REGULATIONS
    )
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    This matter
    is before the Board on petitioner
    the City of
    LaSalle’s
    (LaSalle) April
    15,
    1988 motion
    for modification of
    its
    municipal
    compliance schedule and extension of
    the temporary
    combined sewer overflow
    (CSO) exception granted by
    this Board on
    April
    1,
    1987.
    The Illinois Environmental Protection Agency
    (Agency) filed
    a response on May 6,
    1988.
    On May 19,
    1988 this
    Board directed LaSalle
    to file
    a pleading addressing
    two issues
    raised by the Agency:
    (1)
    a complete description of LaSalle’s
    inability
    to meet
    its previous compliance schedule;
    and
    (2)
    LaSalle’s reaction
    to the Agency’s revised compliance schedule,
    which differed from the revised schedule submitted by LaSalle
    in
    its April
    15,
    1988 motion.
    LaSalle filed
    its response on June
    6,
    1988,
    and submitted
    a status report on August
    29,
    1988.
    The
    Agency has not replied
    to either filing.
    The temporary CSO exception granted by the Board on April
    1,
    1987
    is effective until July
    1,
    1990
    if LaSalle
    files an amended
    petition for exception on or before March
    1,
    1990.
    If no amended
    petition
    is filed,
    the temporary exception expires
    on March
    1,
    1990.
    In
    its instant motion for modification and extension,
    and
    in
    its later
    filings,
    LaSalle seeks
    an extension of that
    effective date.
    LaSalle’s request for extension
    is based
    upon a
    delay in completion of
    its design plan
    for improvements
    to the
    collection system and treatment plant,
    and a subsequent delay in
    the start of construction
    of those improvements.
    LaSalle
    maintains that these delays were caused,
    in part,
    by its
    participation
    in an Illinois grant program which provided
    financing for
    a portion of the project, and by LaSalle’s
    failure
    to anticipate the delay between
    the public hearing
    in this matter
    and the Board’s grant of
    the temporary exception.
    LaSalle states
    that
    it does not seek
    to shift responsibility for
    the delays,
    but
    simply wishes to explain that there were facts and developments
    which were not anticipated
    in February 1986, when
    the
    initial
    compliance schedule was developed.
    Thus,
    at the suggestion of
    the Agency’s May 6,
    1988 response, LaSalle
    seeks modification
    of
    the compliance schedule as
    follows:
    93—405
    —2—
    Collection System
    Advertise for Bids
    Initiate Construction
    Complete Construction
    Treatment Plant
    Advertise for Bids
    Initiate Construction
    Complete Construction
    June
    1, 1988
    September
    15,
    1988
    May 15,
    1989
    September
    1,
    1988
    November
    1,
    1988
    July 1,
    1989
    (In fact,
    LaSalle’s August
    29,
    1988 status report states
    that
    LaSalle
    is slightly ahead of both of
    these schedules.)
    LaSalle
    asks
    that the temporary CSO exception be extended
    to July
    1,
    1991, with an amended petition due on or before March
    1,
    1991.
    The two—year
    period after completion
    of the improvements
    is
    to
    allow time to gather
    full operational data and make
    any necessary
    corrective actions,
    as provided
    in the Board’s April
    1,
    1987
    Opinion and Order.
    LaSalle’s motion
    for modification and extension is granted,
    with terms as set forth above.
    IT IS SO ORDERED.
    J.
    D.
    Dumelle concurred
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certi~ythat the above Order was adopted on
    the
    j7~
    day of
    ________________,
    1988,
    by a vote of
    7~
    Illino
    Control Board
    93—406

    Back to top