ILLINOIS POLLUTION CONTROL BOARD
    September 28,
    1989
    IN THE MATTER OF:
    )
    )
    JOINT PETITION OF THE CITY OF
    )
    BELLEVILLE
    AND
    THE ILLINOIS
    )
    PCB 85-218
    ENVIRONMENTAL PROTECTION
    )
    (Combined Sewer
    AGENCY FOR EXCEPTION TO THE
    )
    Overflow Exception)
    COMBINED SEWER OVERFLOW
    )
    REGULATIONS
    )
    Order of the Board (by J.D.
    Dumelle):
    This matter comes before
    the Board upon an August
    7,
    1989,
    motion
    for modification
    of a Board Order,
    filed
    by the City of
    Belleville.
    On
    September
    14,
    1989,
    the
    Illinois
    Environmental
    Protection
    Agency
    (Agency)
    filed
    its
    response
    to
    Belleville’s
    motion.
    In support of its motion, Belleville states that on November
    19,
    1987,
    the
    Board
    issued
    an
    Order
    in
    regard
    to
    the
    City’s
    petition
    for
    a
    Combined
    Sewer
    Overflow Exception
    based
    upon
    a
    proposed Municipal
    Compliance
    Plan
    negotiated
    with
    the Agency.
    The Order
    (1) grants an exemption from Section 306.305
    (a) and
    (b)
    as they relate to the City’s proposed First Flush Basin,
    and
    (2)
    requires Belleville
    to
    implement system modification as detailed
    in
    its
    Municipal
    Compliance
    Plan
    (MCP)
    of
    September,
    1986.
    Belleville states
    that subsequent
    to
    this order,
    design for the
    project commenced and has been completed on schedule.
    However, the
    initiation of the construction date of March
    1,
    1989 has not been
    met due to the lack of a construction permit from the Agency.
    Belleville states that the permit has been withheld for two
    reasons-—first,
    the lack of
    an acceptable MCP amendment
    showing
    revised milestone dates corresponding to realistically attainable
    future dates,
    and
    second,
    a consent decree between the City
    and
    the United States Environmental Protection Agency (USEPA) regarding
    specific fines and remedies for past violations of the Clean Water
    Act.
    The
    City
    states
    that
    it
    has
    appeared
    in
    federal
    court
    concerning the consent decree and the parties have been instructed
    to reach
    a settlement
    on or before September
    1,
    1989.
    The City
    states that the MCP has been amended and tentatively accepted by
    the
    Agency,
    although
    circumstances
    will
    require
    additional
    modifications.
    Notwithstanding these modifications, the Agency has
    issued the necessary permit and the City will advertise for bids
    within 30 days of its August
    7,
    1989 letter.
    Therefore,
    the City
    requests,
    in accordance with instructions from the Agency, that the
    Board modify its order of November 19, 1987 to include the revised
    MCP Project Schedule.
    1O3~5r)9
    2
    In
    its
    response,
    the
    Agency
    moves
    the
    Board
    to
    grant
    Belleville’s motion.
    The Agency states that it believes that the
    Board Order should be amended to
    incorporate the present design
    changes
    and
    to
    extend the
    construction
    schedule.
    The
    Agency
    states,
    however,
    that should the modified construction schedule
    become
    either
    too
    lenient
    or
    not
    feasible
    in
    the
    context
    of
    complete
    compliance,
    the
    federal
    court
    may
    approve
    another
    schedule.
    Before the Board rules upon this motion,
    the Board requests
    information from each party
    on the status of
    the
    federal
    court
    action.
    Specifically,
    (1) whether the Settlement Agreement has in
    fact been approved,
    (2)
    if not, when the parties anticipate
    such
    approval to occur,
    and
    (3)
    if approved,
    what are its terms.
    So
    that the Board may rule upon this motion
    at
    its next
    scheduled
    meeting on October 18,
    1989,
    the Board requests this information
    to be received by the Board no later than Friday, October 13, 1989.
    IT IS TO ORDERED.
    Board Member R.
    Flemal dissented.
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board hereby cert
    ie
    that the above Order was adopted on the
    ~Y~R~ay
    of
    ________________,
    by a vote of
    _____________
    t~.,
    ~‘
    ~
    ~‘Dorothy M.
    941nn, Clerk
    Illinois P~lution Control Board
    103--510

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