ILLINOIS POLLUTION CONTROL BOARD

February

 6, 1975

IN

THE

MATTER

DUPAGE

COUNTY

WASTEWATER

REGIONALIZATION

)

R70-17

PETITION

FOR

MODIFICATION

REHEARING OF BOARD ORDER

PROPOSED OPINION AND

ORDER

 SUBJECT TO PUBLIC COMMENT

On October

3,

 1974 Kenroy Builders,

 Inc.

 (Kenroy)

 filed

a Petition for Modification or Rehearing of Board Order.

The petition seeks to change the boundary between Regions I

and IV within DuPage County designated by the Board’s Order

of August 29, 1974 in R70—17 Du Page County Wastewater Regional!-

zation.

On November 22, 1974 the Board issued an Order which

found the Kenroy petition to comply with Board Procedural

Rule 334 which allows motions for modification within 35

days of the date of entry of the Board~sfinal order.

The

Board order also asked various entities to submit comments

concerning the Kenroy petition to the Board within 60 days

of the date of the Order.

Responses to the November 22, 1974 Order were received

by the Board from the Village of Bloomingdal.e, the Northeastern

Illinois Planning Commission

 (NIPC),

 the Illinois Environmental

Protection Agency (Agency), the Village of Addison, and the

Medinah Lakes Home Owners Association. Generally speaking,

the Addison and IEPA responses support Kenroy’s petition

while Bloomingdale and the Medinah Home Owners oppose it,

NIPC being in between.

In 1970 Kenroy and Addison signed

 a “recapture” agreement,

exhibit A to the Petition for Modification,

 regarding the

construction of

 a sanitary sewer to serve Kenroy property in

the vicinity of Army Trail Road and proposed highway F.A.

61.

 Kenroy agreed to construct an oversized sewer to provide

available sewer capacity to property other than that owned

by Kenroy,

 in exchange for which, Addison would collect

connection fees from persons desiring to connect to the

sewer in the future

 an.d remit them to Kenroy.

 The cost of

the sewer system to Kenroy, completed in July,

 1973, was

$782,000, of which $240,000 was the cost to serve Kenroy~s

own property as outlined in paragraph 12 of the Recapture

Agreement.

 Kenroy therefore expects to recapture approximately

$540,000 from connection fees for hookups to the sewers

The recapture area, including the portion that

is

Kenroy’s property,

 is shown in exhibit

 3 of the Kenroy

petition. Roughly speaking, the recapture area is on the

north and west sides of Addison and is mostly unannexed.

The sewer

 extension

 built by Kenroy

is

 shown on a drawing

prepared by Ciorba,

 Spies, Gustafson and Company, entitled

General Location, also included with the petition.

The

western boundary of Region I, described in paragraph a.l of

the

 DuPage County Wastewater Regionalization Plan,

 and shown

on exhibit

 3, splits the recapture area so that a portion of

it is outside of Region I and thus outside the jurisdiction

of Addison,

 In particular the portion outside is under the

jurisdiction of the northern subregion of Region IV, composed

of Glendale Heights, Bloomingdale and Roselle, and it is

this outside portion of the recapture area that is the

subject of this proceeding.

Kenroy argues, applying paragraph a.3 of the DuPage

plan,

 that connections

 to the sewer from within the recapture

area but outside Region

I

 (the subject area)

 cannot be made

without the consent of Region IV who therefore has veto

power over Kenroy’s ability to recapture monies pursuant to

the Recapture Agreement.

 We agree with the Kenroy interpre-

tation of paragraph a,3.

Addison supports the petition, saying that the sewer

was sized to provide future sewer service to the recapture

area,

 that the boundary as proposed is in line with an

~existing boundary agreement with Glendale Heights

 (exhibit B

of Kenroy’s petition), and that the sewer extension was

designated prior to the time the Board conceived regionaliza-

 tion.

Both Bloomingdale and the Medinah Home Owners oppose

any boundary change.

 The reasons for the Medinah opposition

are that they don’t need the service and that the change is

“not practical or beneficial” to them.

 At present these

people are within Region IV;

 the boundary change would put

them partially in Region IV and partially in Region I.

In

terms of sewage service, the homeowners now have septic tank

systems and thus don’t want to pay a connection fee to

Addison in the future,

 In addition the homeowners are

trying to avoid annexation to Addison,

15—418

Bloorningdale states that Kenroy has not shown that it

(Kenroy) can service the area more economically than Bloomingdale,

that Kenroy is only concerned with recovering the costs of

the sewer that it has constructed, that there is no guarantee

that the sewer is sized large enough to provide sanitary

service to the entire recapture area,

 that Bloomingdale is

able to provide service

 t.o the subject area at a lower

overall

cost

than

the

Addison

sewer

system,

that

majority

of the citizens in the subject area are opposed to the

boundary change as evidenced by the Medinah Home Owners

opposition,

and

that

the

subject

area

 is included in Bloomingdale’s

long range plan.

 In their statement Bloomingdale does not

indicate the existence of sewers in the subject area,

 so we

must conclude that at present the Addison sewer, constructed

Kenroy,

the

only

system

presently

able

provide

sanitary

service.

With

this

mind,

Bloomingdale

would

unwise

attempt

duplicate

the

existing

service.

Bloomingdale

also

mentions

their

long

range

planning,

and

must

remind

them

that

 the Board’s Regionalization

Program

for

the

northern

subregion

Region

IV,

paragraph

d.4,

requires

Bloomingdale

work

together

with

the

Villages

Roselle

 and Glendale Heights in planning and constructing

interceptors, sewers,

 and sewage treatment plants and requires

them to report to the Agency

regarding

their

arrangements.

In their comment in this proceeding, the Agency states that

 they have not received ~ report from the Villages within the

northern subregion

o.

 ~gion IV,

 and recommends that we

inquire

into

the

compi~. ion

agreements

between

the

Villages.

Although we will not make a redesignation of’authority for

the northern subregion of Region IV at this time, we intend

everything

necessary

 to implement wastewater regionalization

in DuPage County including,

 if necessary,

 a redesignation of

authority.

NIPC recommended that their previous recommendation,

submitted as part of the record in R70-l7, be followed; with

the addition that the regional boundary between Lake Street

and Byron Road be the eastern boundary of the Medinah Lakes

subdivision.

 We believe there to be merit in this last

suggestion.

 Since the subdivision has no need for sanitary

sewer service, no tap—ons to the Kenroy Sewer will occur

within the subdivision so that whether or not the property

is within Region I will not have

 a financial impact on

Kenroy.

The Agency’s comments were that Addison had submitted

a facilities plan with their grant application that included

the

subject

area

and

that

 the Agency would not be

able

certify

 this facilities plan since the area was

not

entirely

within

Region

that

is.,

the

facilities

 plan is

not

conformance

with

our

Regionalization

Program,

spec!—

fically

paragraph

a.l.

addition,

the

Agency

was

the

15—

419

—4—

opinion that there

is

 “no obvious negative environmental

consequence which would result from the proposed boundary

change”,

 and in fact the presence of an existing sewer may

provide collection and treatment of sewage in the subject

area at an earlier date when compared with other alternatives.

The Board is loath to jeopardize

 a person’s ability to

receive pollution abatement funds, unless there is another

overriding environmental concern, which we do not find,

especially when the, funding process requires facility’s

p~a~’~*iig

 that is similar to our regionalization program.

In

this case,

 however, Addison’s facilities plan was submitted

apparently

with

full

knowledge

the

Board’s

regionalization

program.

 We will not permit entities to ignore our regionali-

 zation program and we expect Addison to modify its plan to

conform with the regionalization program as modified by this

order.

Regarding the comparison between alternatives

in

servicing the subject area,

 the Agency felt that additional

technical information would be helpful to the Board, but

recognized the possibility that “the cost differences between

alternatives

 for servicing this area are inconsequential

compared to the alleged economic hardship to the Petitioner

and the environmental and social considerations of this

decision”.

 The Board finds that,

 in this instance, cost

differences when comparing potential service by Bloomingdale

with service by the existing Addison sewer are in fact less

important than other facts, discussed previously, present in

this case.

Therefore,

 the Board’s order with regard to the Petition

for Modification submitted by Kenroy, will keep the Medinah

Lakes subdivision within Region IV but will modify the

remainder of the boundary as requested by Kenroy.

ORDER

1.

 The western boundary of Region I

 is modified so

that paragraph a,l of Rule 1115 of Part XI Regional Sewage

Treatment of Chapter

 3: Water Pollution reads in part as

follows:

Beginning at the intersection of the west boundary line

of Section 1-40-10 and the Cook County Line;

 south along

said boundary line and further south on Medinah Road

 (County

24)

 to its intersection with Lake Street

 (U.S.

 20);

15—420

—5—

south from said intersection along the present western

boundary of the Village of Addison, being

 a line approximately

parallel to and 600 feet east of the western boundary of

Section 13—40—10,

 to its intersection with the north boundary

of Section

 24—40-10; east along said boundary to the present

western

boundary

 the Village of Addison, being approximately

the eastern boundary of the western 1/2 of the northwestern

1/4 of Section 24-40-10;

 south along said Village boundary

Byron

Avenue;

west

said

Avenue

following

the

southern

boundary of the Medinah Lakes Estates subdivision to the

western

boundary

 of Section 24-40—10; south following said

western boundary and further south following the western

boundary

Section

24-40-10

the

Illinois

Central

Railroad

tracks;

east

along

 said tracks to Proposed F.A.

61

This

Order

shall

published

the

Environmental

and

subject

 to public comment for a period until

March

25,

1975.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order

were adopted on the

 day of February,

 1975 by a vote of

‘1-0

cL:&~5~47)

Christan L. Moffeft

 lerk

Illinois Pollution

 ntrol Board

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421