ILLINOIS

FOLTBTION

X~~IT~JL

BDA.RD

November

15,

1989

IN

‘IHE

WiTI’ER

OF:

pi~aiiiON

OF

ThE

CITL

OF

)

P88-25

HAVANA

B)R

A

SITE-SPECIFIC

)

(Site-Specific)

MJLE

GIANGE

‘IO

ThE

SEWER

OVERFLCS~1 REX JLATIC~S

ORDER

OF

ThE

BC)ARD

(by

N.

Nardulli):

This

matter

cares

before

the

Board

upon

a

letter

filed

by

the

City

of

Havana

on October

4,

1989

which

the

Board,

in

its

Order

of

October

18,

1989,

has

construed

as

a

motion

for

Board

comment.

In

its

motion,

the

City

of

Havana

states

that

“a

prerequisite

to

the

City

of

Havana

acqulrir~

a

compliance

grant

for

the

proposed

compliance

project

is

to

update

their

compliance

project

schedule.

A

revised

compliance

schedule

has

been

sent

to

the

Illinois

Envirorirrental

Protection

Agency

(“Agency”)

and

they

will

not

approve

the

grant

application

until

the

Board

has

cor~nted

on

the

revised

schedule.”

In

response

to

this

Board’s

Order

of

October

18,

1989,

the

Agency

has

stated

that

“the

Agency’s

Water

Pollution

Control

Grants

Section

is

precluded

from

re1easir~ grant

funds

absent

an

enforceable

schedule

pursuant

to

PA

86-94

(July

20,

1989).

As

the

sch~ule

contained

in

the

Board’s

Order

for

Havana

is

outdated

and Havana

is

not

in

compliance

with

it,

the

Agency

cannot

release

the

grant

funds until

there

is

a

new

schedule

reflectir~

the

present

circumstances.”

Contrary

to

the

Agency’ s

assertion,

the

Board’s

First

Notice

Opinion

and

Order

of July

271

1989

does

not

contain

a

compliance

schedule.

The

Board notes,

hc~ever, that

in

elir~

site—specific

relief,

the

City

of

Havana

E:ubnitteci

a

plan

for

achieving

partial

compliance

with the

CSO re9ulations.

It

is

apparently

this

compliance

schedule

which

the

City

seeks

to

update

at

the

mandate

of

the

Agency

and

which

the

Agency

interprets

as

requiring

Board

comment.

The

Board

notes

that

the

City

of

Havana’s

letter

filed

with

the

Board

on

October

4,

1989

which

sets

forth

the

new

ccmpliance

schedule

has

been admitted

into

the

record

of

this

rulema1d~ng

as

Public

Carment

#4.

Hc~iever,

any

formal

comment

by

the

Board

on

this

revised

schedule

will,

necessarily,

occar

when

the

Board

proceeds

to

Second

Notice

in

this

proceeding.

IT

IS

SO

ORDERED.

I,

Corothy

M.

Gunn,

Clerk

of

the

Illinois

Pollution

Control

Board

hereby

certify

that

the

above

Order

was

adopted

on

the

/i

~-~-

day

of

22,~~i~-J

,

1989

by

a vote

of

/

0

~

~

~

~

‘~

Corothy

N.

Gç~in, Clerk

Illinois

Po~lution

Control

Board