ILLINOIS POLLUTION CONTROL BOARD
    February
    8,
    1990
    IN THE MATTER OF:
    JOINT PETITION OF THE VILLAGE OF
    MORTON AND THE ILLINOIS ENVIRONMENTAL
    )
    PCB 85-212
    PROTECTION AGENCY FOR EXCEPTION TO THE
    )
    (CSO Exception)
    COMBINED SEWER OVERFLOW REGULATIONS
    ORDER OF THE BOARD
    (By R.
    C.
    Flemal):
    The matter comes before the Board upon
    a Motion to Modify
    Board Order filed January
    8,
    1990 by the Village of Morton
    (“Morton”).
    The Illinois Environmental Protection Aaency
    (“Agency”), as Joint Petitioner,
    filed a response to Morton’s
    motion on January
    25, 19901;
    the Agency recommends
    that Morton’s
    motion be granted.
    By Order of May
    9,
    1986 the Board had granted Morton an
    exception to
    35 Ill.
    Adm.
    Code 306.305(h) pertaining
    to combined
    sewer overflows
    (“CSO”).
    Grant of
    the exception was subject
    to
    certain conditions,
    as
    specified
    in the May 9,
    1986 Order.
    Among
    these
    is condition 1(a), which specified:
    The Village shall provide excess flow treatment at
    Plant
    2
    for all excess flows reaching the plant,
    consisting
    of primary treatment followed by chlorine
    contact,
    including flow measurement and sampling,
    by
    September
    30,
    1988.
    The deadline date of condition
    1(a)
    has twice since been
    modified by the Board,
    initially by Order of May
    5,
    1988 which
    extended the deadline
    to September
    30,
    1989, and
    later by Order
    of February
    2,
    1989 which extendec the deadline to September
    30,
    1990.
    The subject
    of Morton’s
    instant motion
    is request
    that the
    deadline now be extended one additional year.
    The Agency
    requests that the deadline
    be extended for two additional years.
    Justification for
    the Joint Petitioner’s current
    as well and
    prior
    requests
    is based on Mortons
    continued need
    to collect
    data on the amount
    of
    flow reaching Plant
    2 during storm
    events.
    These data are necessary
    in order
    to achieve proper
    sizing of the facilities needed for compliance with condition
    1(a).
    1 The Agency had
    previously
    filed
    a motion
    to extend time
    to
    file
    its response.
    That motion was granted by Board Order of January
    11,
    1990.
    I
    r)~—n~
    —2—
    Since April
    1988,
    no storm-related excess flow events have
    occurred at Plant
    2,
    in contrast
    to the three or four events per
    year recorded prior
    to the grant of exception.
    This change
    is
    apparently
    related
    to two factors.
    The first
    is that Morton has
    engaged
    in
    a combined—sewer separation program of
    sewers
    tributary
    to Plant
    2, pursuant
    to condition
    1(0)
    of the original
    grant
    of exceotion.
    This program has contributed
    to a reduction
    in excess flow frequencies and volumes
    to Plant
    2.
    The second
    factor
    has been
    the drought conditions of
    the past several years,
    which has brought
    fewer
    storm events and lesser storm runoff
    related
    to
    lowered, water
    tables and increased precipitation
    infiltration capacities.
    Although Morton requests an additional single year within
    which to hopefully collect
    the needed flow data,
    the Agency
    opines:
    The Agency agrees that Morton needs additional
    time
    to monitor and then build
    the excess flow
    treatment.
    However,
    the Agency believes
    a two year
    extension
    is more appropriate.
    Morton has
    demonstrated good faith
    by completing portions of
    the
    CSO work ahead of schedule.
    Early compliance with
    the separation requirements necessitate an extension
    of
    the monitoring period as overflow frequencies and
    flows have been
    reduced.
    ~
    Even
    if
    ratnfall
    is
    normal
    in
    1990,
    the water
    table may not reach
    its
    normal
    height
    in
    1991.
    ***
    Also,
    the environmental
    impacts are minimal due
    to the
    lack
    of overflows.
    The two year extension
    is more effective
    and a more
    efficient use of the Board’s time than granting
    a one
    year extension each year.
    The Agency bel:eves that a
    two—year extension would be sufficient
    for monitoring
    and completion
    of Morton’s project without need
    for
    further extensions.
    (Agency Response at
    par.
    6)
    The Board concurs with the Agency’s analysis,
    and
    accordingly hereby grants extension
    to September
    30,
    1992 of
    the
    completion
    date specified in condition
    1(a)
    of the Board’s May
    9,
    1986 Order
    in this matter.
    All other recuirements
    of that Order
    remain
    in full
    force and effect as
    issued.
    IT
    IS SO ORDERED.
    Board Member J.D.
    Dumelle concurs.
    —3—
    I,
    Dorothy M. Gunn, Clerk
    of the Illinois Pollution Control
    Boax~d, hereby certify ~that the above Order was adopted on the
    J~”~
    day of
    _________________,
    1990,
    by
    a vote of
    7~~2
    /L—~
    Dorothy M/Gunn,
    Cler.k
    Illinois pollution Control Board
    lflS-’03

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