ILLINOIS POLLUTION CONTROL BOARD

July

12,

1971

Environmental Protection Agency

)

PCB 71—28

Danville Sanitary District

Supplemental Opinion and Order of

the Board

(by Mr. Dumelle)

Paragraph no.

8 of

the Board’s order of May 26,

1971 deals with

allegations

(paragraph

no.

2 of complaint filed ~ebruary

26,

1971)

by

the

EPA and admissions by the Danville Sanitary District.

The

record provides no elucidation -and very

little discussion of

the

point.

The Board has therefore asked that the parties inform

the

Board of the substance of the charges and admissions,

The complaint,

comment in the Board’s opinion, and the Board’s order on this point

are as follows:

COMPLAINT

2)

That the DANVILLE SANITARY DISTRICT has further violated

Rule 1.08(12)

of SWB~9, continued in effect by Section 49(c) of

the

Act,

in the following respects:

(a)

Failure

to submit to the Sanitary Water Board

by January

1,

1970 plans and specifications for

construction of the updated sewage treatment

facilities required by SWB—9; and

(b)

Failure to award, by July

1,

1970,

the contract

for construction of such sewage treatment faci~

lities.

OPINION

In its complaint the Agency had alleged and the District admitted

that the District violated Rule 1.08

(12)

of

SWB-~9by failing

to submit

plans and specifications for construction of updated sewage facilities

by January

1,

1970 and by failing to award contracts

for construction

by July

1,

1970

(R.6-7).

The nature of the facilities

for which the

deadlines were missed is unclear from the

record.

Apparently they are

advanced waste treatment facilities of some

sort;

some type of tertiary

treatment.

We will

order both

parties to brief this point and fully in~

form the Board of the violations

involved.

If the requirement

is

for

tertiary treatment we must be fully apprised of the legal support of the

contention.

We will

ask

for these briefs no later than July

1,

1971.

(p,3—4)

ORDER

~T~~riefs:

Both parties shall by July

1,

1971 submit to the Board

briefs on

the nature of the violation alleged and admitted

and

the effluent requirements involved in that part of ~the com-

plaint dealing with the deadline dates January

1,

1970 and

July

1,

1970;

the first date being

the date for submission of

2

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107

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plans

and

the

second

being

the

date

for

the

award

of

the

construction

contract,

To

obtain

the

necessary

answers

which

have not

hee.n

forthcoming

we

will

set up

a

sequential

briefing

schedule,

first

giving

the

EPA three weeks to suPport

their

contentions,

then

giving

the Sanitary

District

three

weeks

to

respond

and

finally

giving

the

EPA

one

week

to

reply

to

the

District’s

response.

ORDER

Having

considered

communications

from

the

parties

and

pursuant

ta naragraph

8

of

the

Board’

s

order

of

Nay

26,

1971

the

Board

hereby

enters

the

following

order~

1.

The

EPA

shall

file

a

brief

on

or

before

3

weeks

from

this

date supporting their

contentions

in

paragraph

2

of

the

complaint

filed on

February

26,

l97i~

2.

The Danville Sanitary i)±strictshall have

3

weeks

after

the

filing

of

the

EPA

brief

to

respond

to

the

EPA’ a

contentions,

and

points

and

authorities.

3.

The EPA shall have

1

week

after

the

filing

by

the

Sanitary

Distract

to

reply

to

the

D~strict’s

brief.

I,

Regina

B.

Ryan,

Clerk

of:

the

Illinois

Pollution

Control

Board,

certify

that

the

Board

adopted

the

above

Supplemental

Opinion

and

Order

on

the

12day

of

July,

197?.

Board

2

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