ILLINOIS POLLUTION CONTROL BOARD
    September 13,
    1990
    CITY OF OGLESBY,
    Petitioner,
    v.
    )
    PCB 86—3
    (CSO Exception)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    J.
    Anderson):
    On February
    5,
    1987,
    the Board granted the City of Oglesby
    (“Oglesby”)
    a temporary exception from 35
    Iii. Adm. code
    306.305(a)
    and
    (b)
    of the Board’s combined sewer overflow
    (“CSO”)
    regulations.
    Condition
    2 of the February
    5,
    1987 Order specified
    that the temporary exception would terminate on March
    1,
    1990,
    if
    Oglesby did not submit an amended petition for permanent
    exception on or before that date.
    On June
    7,
    1990,
    the Board
    relinquished its jurisdiction
    in the matter and closed the docket
    because Oglesby did not submit an amended petition by the March
    1,
    1990 deadline.
    In response to the Board’s June 7,
    1990 Opinion and Order,
    Oglesby filed a Motion for Reconsideration and an Amended
    Petition on June 29,
    1990.
    The Illinois Environmental Protection
    Agency
    (“Agency”)
    filed
    its response
    to Oglesby’s
    filings on
    September
    6,
    1990.
    In its Motion for Reconsideration and Amended Petition,
    Oglesby states that there has been no expansion of its service
    area tributary
    to the combined sewers
    for residential hook-ups
    exceeding 15 population equivalents without prior Board
    authorization
    (see condition 3(b)
    of the February
    5,
    1987
    Order).
    Oglesby also states that
    it has inspected the ravines
    and outfalls on several occasions, but that the inspections were
    not documented or specifically conducted as specified by the
    Board
    (see conditions
    3(c) and
    (e) of the February
    5,
    1987
    Order).
    Oglesby also states that it has consulted with the
    Agency,
    and that
    it has prepared a monitoring program which,
    when
    complete, will
    result
    in compliance with the provisions of the
    February
    5,
    1987 Order and provide the data necessary
    to present
    an amended petition
    for
    a permanent exception to the Board’s CSO
    regulations.
    Oglesby has attached a document entitled “Proposed
    Monitoring Program to Comply with Illinois Pollution control
    Board Order No.
    86—3”,
    and the Affidavits of Gerald
    F.
    Scott
    (Mayor of Oglesby) and James
    J. Giordano (Consulting Engineer for
    Oglesby) as support
    for the allegation that it has consulted with
    the Agency and developed
    a monitoring program.
    lIS—Ol
    —2—
    In its response,
    the Agency states that
    it has no evidence
    that Oglesby has complied with conditions
    3(b),
    (c), and
    (e) of
    the February
    5,
    1987 Order.
    In fact,
    the Agency questions why
    Oglesby did not collect any data during the inspections of the
    ravines and outfalls.
    The Agency also states that it has no
    knowledge of any negotiations with Oglesby that resulted
    in the
    development of the monitoring program, or of whether
    the
    monitoring program will result in compliance with the provisions
    of the February
    5,
    1987 Order,
    or whether Oglesby will have the
    necessary data after completion of the monitoring program to
    request a permanent exception
    to
    35
    Ill.
    Adm. Code 306.305(a)
    and
    (b).
    As can be seen above,
    the Agency questions several of
    Oglesby’s assertions.
    In order
    to make a fully informed decision
    with regard to Oglesby’s Motion for Reconsideration,
    the Board
    orders Oglesby to file a reply to the Agency’s response on or
    before October
    4,
    1990.
    Oglesby’s reply should include the
    following information:
    1.
    any documentation or proof that
    it complied with
    condition 3(b) of the February
    5,
    1987 Order;
    2.
    a chronology of Oglesby’s inspections of the ravines and
    outfalls, including copies of any documentation of the
    inspections,
    data obtained from such inspections,
    and,
    if there is no data,
    an explanation as
    to why no data
    was collected;
    3.
    a chronology of the contacts between Oglesby and the
    Agency,
    including a listing of the Agency personnel
    spoken to and
    a brief description of what transpired
    during each contact;
    4.
    copies of all written correspondence between Oglesby and
    the Agency that relate to Oglesby’s negotiations with
    the Agency and the monitoring program; and
    5.
    any additional information or argument
    in reply
    to the
    concerns raised in the Agency’s response.
    IT IS SO ORDERED.
    Board Member J.
    T. Meyer dissented.
    I, Dorothy
    M. Gunn, Clerk of
    the Illinois Pollution Control
    Board,
    hereby certify- that the above Order was adopted on
    the /~Z
    day of
    ~
    ,
    1990,
    by a vote of
    ~
    Dorothy
    M.~’Gunn, Clerk
    Illinois ~-Pol1utionControl Board
    115—02,

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