ILLINOIS POLLUTION CONTROL BOARD
    July
    19, 1990
    IN THE MATTER OF:
    JOINT PETITION OF THE CITY OF OTTAWA
    AND THE ILLINOIS ENVIRONMENTAL
    )
    PCB 88-52
    PROTECTION AGENCY FOR EXCEPTION TO THE
    )
    (CSO Exception)
    COMBINED SEWER OVERFLOW REGULATIONS
    ORDER OF THE BOARD
    (by R.C.
    Flernal):
    The matter comes before
    the Board upon
    a Motion
    to riodify
    Board Order
    filed July
    2,
    1990 by the City of Ottawa
    (“Ottawa”).
    The Illinois Environmental Protection Agency
    (“Agency”),
    as Joint Petitioner,
    filed
    a response
    to Ottawa’s
    motion
    on July
    10,
    1990;
    the Agency recommends that Ottawa’s
    motion
    be granted.
    By Order of August
    4,
    1988
    the Board
    had granted Ottawa an
    exception
    to
    35 Ill.
    Adm.
    Code 306.305(a)
    and
    (b)
    pertaining
    to
    combined sewer overflows
    (“CSO”).
    Grant of the exception was
    subject to certain conditions,
    as
    specified
    in
    the August
    4,
    1988
    Order.
    Among these
    is condition
    1, which specified:
    The City will prepare
    an operational plan for
    and
    make modifications to
    its sewer system,
    as specified
    in
    the petition,
    by October
    1,
    1989.
    Thereafter,
    an
    annual report detailing performance of the specified
    activities will be submitted
    to the Agency by January
    31st of each year.
    The October
    1,
    1989 date of condition
    1 was subsequently
    modified
    by Board Order of O~tober 18,
    1989, whereby
    the deadline
    was extended
    to June
    1,
    1990
    .
    The subject of Ottawa’s instant
    motion
    is request that the deadline now be extended
    to December
    1,
    1990.
    Ottawa cites various unanticipated delays that
    it has
    experienced
    in completing
    its sewer modifications,
    including
    problems with bidding, miscommunications with the Agency, and
    unacceptable
    bonds.
    The Agency agrees with and supports Ottawa’s
    1 As part of
    the instant motion, Ottawa also requests that this
    date
    be modified
    to July
    1,
    1990,
    consistent with Ottawa’s
    interpretation
    that July
    1,
    1990
    is the correct modified date.
    The Board denies this portion of Ottawa motion as unnecessary
    in
    light
    the disposition of the rest of Ottawa’s motion.
    113—287
    —2—
    reasons
    for delay.
    The Agency also contends that Ottawa has made
    good
    faith efforts
    to complete
    its
    sewer modifications
    in
    a
    timely manner.
    The Board concurs with the Agency’s analysis, and
    accordingly hereby grants extension
    to December
    1,
    1990 of the
    completion date specified
    in condition
    1 of
    the Board’s
    August
    4,
    1988 Order
    in this matter.
    All other
    requirements
    of that Order
    remain
    in
    full force
    and effect as
    issued.
    IT
    IS SO ORDERED.
    I,
    Dorothy
    M.
    Gunn,
    Clerk of
    the Illinois Pollution Control
    Board,
    hereby certify
    at the above Order was adopted on the
    ~
    day of
    ___________________,
    1990,
    by a vote of
    ~
    *
    2/3.
    ~
    Dorothy
    M. dunn, Clerk
    Illinois P~11ution Control Board
    113—288

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