ILLINOIS POLLUTION CONTROL BOARD
    April
    23,
    1992
    IN THE MATTER OF:
    )
    )
    PETITION OF THE DECATUR SANITARY
    )
    AS 91-7
    DISTRICT FOR ADJUSTED STANDARD
    )
    (Adjusted Standard)
    FROM 35 ILL. ADM. CODE 306.305(b)
    )
    ORDER OF THE BOARD
    (by G.
    T. Girard):
    On September 12,
    1991,
    the Board
    accepted
    this petition for
    adjusted
    standard
    from
    the
    Decatur
    Sanitary
    District
    (the
    District).
    On January
    9,
    1992,
    the Board directed the Illinois
    Environmental Protection Agency
    (the Agency) to file the response
    to the petition by February 10,
    1992.
    Under Section 106.714 of the
    Board’s procedural rules, the Agency is required to file a response
    “not
    later than 30
    days after the filing of the petition”.
    On
    February 21, 1992, the Agency filed its response, recoxarnending that
    the petition be granted with conditions.
    The Agency’s response also stated:
    the Agency generally supports the District’s
    petition for adjusted standard.
    However,
    the
    Agency
    is concerned about
    the public
    safety
    issues raised by the petition,
    in light of the
    proximity
    of
    CSOT
    (combined
    sewer
    overflow
    treatment
    facilities
    to residential
    areas,
    and
    believes
    that,
    in
    order
    to
    adequately
    satisfy public
    interests and to ensure that
    residents living near the affected water
    are
    informed of this proposal,
    a hearing should be
    held
    in this matter,
    and requests tht
    sic
    one be held.
    Section
    106.713 provides that
    “any
    person
    may request that
    a
    public hearing be held in an adjusted standard proceeding.
    Such
    requests shall be filed not later that 21 days after the date of
    the publication of the petition”.
    The notice of the petition was
    published September
    1,
    1991.
    The Board notes that no filings have been received from the
    public in this proceeding.
    As the notice of petition was published
    over
    7 months ago,
    it would appear that the public’s interest in
    this proceeding is minimal.
    Further,
    if the Board were to require
    that a hearing be held the decision in this matter would be further
    delayed.
    Therefore,
    the Board
    does not believe that holding
    a
    public hearing in this matter is necessary at this time.
    The Board
    will proceed to decision on this matter.
    IT IS SO ORDERED.
    133—199
    I,
    Dorothy M.
    Gunn,. Clerk of the Illinois Pollution Control
    Board,
    do hereby certfy t~iatthe above order was adopted on the
    ~A~-t
    day of
    ,LJ~
    ,
    1992, by a vote of
    7~’
    ~‘
    ~
    Dorothy M. ,~nn,Clerk
    Illinois Pc~IutionControl Board
    133—200

    Back to top