ILLINOIS POLLUTION CONTROL BOARD
    November 23, 1977
    DERBY MEADOWS UTILITY COMPANY,
    )
    Petitioner,
    and
    HOMEOWNERS’ ASSOCIATION OF
    )
    PHEASANT HOLLOW
    & DERBY HILLS,
    )
    PCB 77-153
    Intervenor,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by Mr.
    Young):
    On November 10,
    1977, the Agency filed a Response to
    Petitioner’s Supplement to Amended Motion for Modification
    of Board Order.
    The Petitioner filed a Response on November
    17,
    1977.
    In its pleading the Agency claims that the flow meter
    has
    not been properly installed or precisely calibrated pursuant
    to the requirements of Paragraph 3(a)
    in the September
    15,
    1977, Board Order.
    In addition, the Agency requests
    that the
    Board clarify its Order with regard to the grant of variance
    to connect sewers serving Pheasant Hollow South
    2 and Derby
    Hills
    1 which are tributary to an eight-inch sewer which was
    placed on restricted status by the Agency on October
    31, 1977.
    It is not the intention of the Board
    to defer
    connections
    to the system pending the determination of
    a controversy which
    has now arisen between Derby Meadows Utility Company and the
    Illinois Environmental Protection Agency regarding the installa-
    tion and calibration of the flow meter.
    If a permit to operate
    the flow meter is refused by the Agency,
    a permit denial appeal
    pursuant to Section
    40 of the Act is the proper action to
    contest the adequacy of the flow meter.
    In view of the contro-
    versy, we will modify condition 3(a)
    of our
    Order of September
    15,
    1977,
    to remove installation and operation of a recording
    flow meter as
    a condition precedent to further connections under
    the variance and resolve that conflict,
    if it remains unresolved,
    in another proceeding.
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    The problems recarding the basement backups
    in Lancaser
    Square Subdivision which led to the Agency placing, pursuant
    to Rule 604,
    a sewer in that subdivision on restricted status,
    thus barring the connection
    ofl Derby Hills
    1 and Pheasant
    Hollow South
    2, would appear
    to have been corrected as detailed
    in Paragraphs
    5 through 10 in the Affidavit of Anthony Perino,
    Petitioner’s president, executed November 17,
    1977,
    and attached
    as Exhibit F to Petitioner’s Response of November 17, 1977.
    The severity of the hardship on the Intervenor Homeowners
    which was found in our prior grant of the variance and has now
    been further compounded by additional delays which have arisen
    from circumstances not of record when the decision was entered.
    It is not possible for the Board, on the basis of the
    allegation presented in the Agency’s pleading of November 10,
    1977,
    to come
    to any conclusion concerning the frequency or
    severity of the basement backups which led to the Agency
    imposition of the restricted status on the eight-inch sewer
    line.
    We find it incongruous that the Agency seeks
    a Board
    determination of whether Paragraph
    3 of the Order would allow
    issuance of
    a permit for additional connections
    to a sewer
    which the Agency had placed on restricted status after the
    grant of the variance and in support thereof submit a copy
    of a denial letter
    (Attachment C to the pleading)
    which does
    not even mention a basement backup,
    and with the knowledge
    that the record in this matter contained no mention of any
    transport problem.
    Our Order of September 15,
    1977,
    in this matter was intended
    to solve a problem and the language was broadly couched to d~so.
    Aoparently,
    the Agency feels that they may not now issue the
    permits, because of their imposition of the restricted status,
    given the state of the record,
    Based upon the information now
    before us in the Agency pleading of November 10,
    1977,
    and
    Petitioner’s Response of November 17, 1977,
    the Board finds
    no
    valid reason why the permits ordered granted on September
    15,
    1977, should not now be granted,
    irrespective of Rule
    962.
    Rule 602(b)
    is always available as the basis for an enforcement
    action in the event of future overflows
    from sanitary sewers.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    i)
    Paragraph
    3(a)
    of the Order of September 15,
    1977,
    is hereby modified to read as follows:
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    252
    —3—
    a)
    Derby Meadows Utility Company shall operate
    a recording flow meter at the sewage treat-
    ment plant under an Agency permit no later
    than 90 days from the date of this Order
    unles~an application for permit has been
    denied by the Agency pursuant to Section 39
    of the Act and the Petitioner has timely
    filed an appeal of the permit denial in
    accordance with Rule 502 of the Board’s
    Procedural Rules.
    ii)
    The construction and operation permits for sewers to
    serve the subdivisions platted as Pheasant Hollow South Unit
    2
    and Derby Hills Unit 1 shall issue without delay, subject to
    the Order of September 15,
    1977,
    as modified herein and by the
    Order of November 10,
    1977.
    IT
    IS
    SO ORDERED.
    I,
    Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control B8ard,
    hereby certify the above Order was adopted on
    the
    .R2’~
    day of
    ~
    ,
    1977 by a vote of ~-O
    Christan L.
    Moffet/
    ,
    lerk
    Illinois Pollution
    ntrol Board
    28
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    253

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