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

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