ILLINOIS

POLL1JTIO~’1 CONTROL

t~OARD

May 15,

1980

CITIZEUS

CONCERNED

FOR

THE

QUALITY

OF LIFE IN LOCKPORT AREA,

Complainant

v.

)

PCI3

79—28

CITY

OF LOCKPORT,

Respondent.

MR.

T~ILLIAM

P.McSIJERRY,

JR., HcSHERRY AND NUDO APPEARED FOR

THE

COMPLAINANT;

MR. JEFFREY C.

FORT,

MARTIN, CRAIG, CHESTER

& SONNENSCHEIN

AND

MR.

RONALD CANEVA,

LUZBETAK,

ZUPANCIC

& CANEVA APPEARED FOR

THE

RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by Chairman Dumelle):

This enforcement action,

filed with the Board on February

9,

1979, alleges violation of Rules 60t(a)

and 602(b)

of Chapter

3:

Water Pollution Rules and Regulation

(Water Rules).

On January

7,

1980,

a hearing was held

in which testimony from witnesses

from both sides was heard.

Testimony from Complainant’s witnesses indicates that

sanitary sewer overflows occurring during rainstorms have

been causing raw sewage to hack up into the homes

of citizens

since 1967.

Written narrative statements of citizens indicate

that backups have been persistent, have occurred during periods

of normal

rainfall and have caused

foul odors,

unsanitary

conditions,

property damage and clean up expenses.

The

testimony

and

narrative

statements

also

show

that

remedial

attcmpts

by

the

City

have

noL

solved

the

problem

and

that

ciLizens

have

been

forced

Lo

install

and

finance

backup

valves,

overhead sewers,

and

surnp pumps

Lo

alleviate

the

problem.

(R.22,

23,29,49,58,67,68).

The City of Lockport admits that overflows

have occurred but believes it has made a good faith effort to

stop overflows.

(R.8).

Reports demonstrate that excessive inflow and infiltration

have caused the system to overflow.

(R242—43).

Since 1969

the City has added

a second sewage treatment plant

(R.139),

replaced sanitary sewer

lines

(R.140), and proposed bond

referenda to fund improvements.

(R.135—138,225,234).

---

—2—

In

1978,

Lockport

entered

into

an

~nnnxat:ion

Agreement

concerning

the

future

site

of

a

400—residenci,

anti

a

60—.tcre

commercial

development.

The

Agreement

provides

that

three—

fifths

of

the

development

can connect to the present sewer

system

before

off-site

improvements are required.

Lockport

and

its experts contend that additional flow entering downstream

frnm

the present problem area will have a minimal

impact

on

sewer overflows

(R.195—198).

The City also notes that it

has eliminated many sources of inflow and infiltration; namely

unsealed manholes and downspouts, and anticipates fewer overflow

problems.

Complainant contends that increased flow whether

downstream or upstream will still cause overflows.

The Board,

however,

concludes

that

a

ban

on new

connections from the proposed

development is not needed at this

time.

The Board also dismisses the allegation that the City

has violated Rule 601(a) of the Water Rules.

The City’s

downspout ban, manhole replacement, and completion of Step

1

of the federal grant program demonstrates that the City has

attempted to construct and operate facilities in a manner that

~minimizesviolations of applicable standardsR despite the

repeated overflows.

The Board, however, does find that the

City of Lockport has violated Rule 602(b) of the Water Rules

which explicitly bans sanitary sewer overflows and excessive

infiltration.

As was earlier noted, overflows have caused interference

with the health, welfare and property of Lockport citizens.

The Board

has

examined the factors bearing upon the

reasonableness of the overflows and has determined that a

penalty will not hasten compliance with Board rules and

regulations.

Money would be better spent pursuing immediate

relief for citizens plagued by overflows.

The Board orders

that Lockport continue pursuing federal fundings and suggests

that interim funding be pursued under section 46 of the

Environmental Protection

Act.

This Opinion and Order constitutes the Board’s findings

of fact

and

conclusions of law in this matter.

ORDER

It is the Order of the Illinois Pollution Control Board

that:

1.

The city of Lockport has violated Rule 602(b)

of Chapter 3: Water Pollution Rules and

Regulations.

2.

The allegation of violation of Rule 601(a)

of Chapter

3: Water Pollution is dismissed.

3.

The City shall install 140 sealed manhole covers

with frames as outlined in Respondent’s Exhibit 18

by August 1,

1980.

---

—3—

4.

The City shall maintain its ban on connection

of roof leaders and downspouts

into the sanitary

sewer

system

until

December

31,

1983.

5.

The

City shall complete Step

2

(design

activities

and submit a request

for Step

3 (construction

funds) by the dates

required by the Illinois

Environmental Protection Agency.

6.

On

June

2,

1980 the City shall

submit its portion

of the Facilities Plan

to the Illinois

Environmental Protection Agency and the Board.

The Board will retain jurisdiction

in this

matter

until

a

facilities

plan

is

approved.

7.

The

City

will

implement

the

plan

referred

to

in

6.

As

soon

as Board approval

of

the

facilities

plan

is

given,

the

City

will abate pollution.

I,

Christan

L.

Moffett,

Clerk

of

the Illinois Pollution

Control

Board,

hereby

certify

that

the

above

Opinion

and

Order

was adopted on the

~

day of

J4~

,

1980

by

a

vote

of

____

.

(

Christan

L.

Moffè~~t~~

Clerk

Illinois

Pollution

Control

Board