ILLINOIS POLLUTION CONTROL BOARD
March
9,
1989
NORTHERN ILLINOIS ANGLERS’
)
ASSOCIATION,
an Illinois
Corporation,
Complainant,
v.
)
PCB 88—183
THE CITY OF KANKAKEE,
a Municipal Corporation,
Respondent.
ORDER OF THE BOARD
(by J.
Marlin)
On February
6,
1989,
the City of Kankakee
(Kankakee)
filed
a
Motion
for Reconsideration concerning
the Board’s Order of
January
5,
1989.
By its Order of February 23,
1989 the Board
granted Northern Illinois Anglers’ Association (NIAA)
an
extension of time in which to file a response
to Kankakee’s
motion.
On March
1,
1989,
NIAA filed
a Motion for Leave
to Amend
Complaint,
and NIAA submitted
its response on March
2,
1989.
Kankakee requests that the Board dismiss NIAA’s complaint
with regard
to the fecal
coliform allegations.
Attached
to
Kankakee’s motion is a “Petition to Enforce Contingent Penalty”
of the circuit court’s consent decree which, according
to
Kankakee,
“is to be
filed by plaintiff People of the state of
Illinois,
ex
rel. William
E.
Herzog and
the Illinois
Environmental Protection Agency”
in the circuit court case #87—
CU—75.
That docket number refers to
the case which was the
subject of the May
26, 1987 consent decree.
Kankakee asserts
that the circuit court has retained jurisdiction concerning
alleged violations of the fecal
coliform effluent limitation
for
the months following January 1988.
Kankakee also quotes the
consent decree which states:
Bjeginning
January
1,
1988,
Kankakee
shall
pay a
fine
of
FIVE HUNDRED DOLLARS
($500.00)
where
the
discharge
from
the
Kankakee
Regional
Treatment
Facility
exceeds
the
geometric
mean
for
fecal
coliform
of
400/lOOm?.
Essentially, NIAA responds by stating
that
the Petition
to
Enforce Contingent Penalty does not address
the allegations which
are found
in NIAA’s complaint.
Also,
NIAA states that Kankakee
presents no evidence to show that the Petition
to Enforce
Contingent Penalty has been filed with the circuit court or
that
the circuit court has issued
an order
in response
to such a
petition.
97—125
2
Nothing new has been presented
to the Board
to
indicate that
at the time of the filing
of NIAA’s complaint the fecal coliform
allegations contained
in that complaint were duplicitous of
another pending circuit court action.
Kankakee relies upon the
terms of the May 29,
1987 consent decree and the assertion that
the People of the State of Illinois will, sometime
in the future,
file
a petition for penalties under
that consent decree based on
alleged
fecal coliform violations.
In its Order of January
5,
1989,
the Board
addressed
the
issue of the consent decree’s
impact on NIAA’s complaint.
The Board finds no reason
to alter
that 3nalysis even
in light of the possibility that
a petition
to
enforce
the terms of the consent decree might be
filed
in the
circuit court by the People of the State of Illinois.
Kankakee’s motion is denied.
As
to NIAA’s motion
to amend
its complaint,
that motion
is
granted.
The Board
notes that
a hearing has been scheduled
for
March 20,
1989.
The Board’s prompt disposition of this motion
will aid
in allowing that hearing
to proceed
without
a
continuance.
Kankakee has not filed
a response
to NIAA’s motion
to amend.
Given that the amendment does not significantly alter
the issues of the proceeding, the Board finds that no undue
surprise will result from allowing the amendment.
IT
IS SO ORDERED.
1. Theodore Meyer dissented.
I,
Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board,
hereby certify that the above Order was adopted
on
the
~
day of
______,
1989,
by a vote
-
/
~.
4L~
Dorothy
M. ,k~pnn, Clerk
Illinois P4~lutionControl
Board
97—126