ILLINOIS POLLUTION CONTROL BOARD
    February
    2,
    1989
    IN THE MATTER OF:
    )
    JOINT PETITION OF THE CITY OF MORTON
    )
    PCB 85—212
    AND THE ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY FOR EXCEPTION TO THE
    )
    COMBINED SEWER OVERFLOW REGULATIONS
    ORDER OF THE BOARD
    (by
    R.
    C.
    Flemal):
    This matter comes before the Board upon
    a Motion to Modify
    filed
    by the City of Morton (“Morton”)
    on January
    13,
    1989.
    The
    Illinois Environmental Protection Agency
    (“Agency”),
    as Joint
    Petitioner,
    filed
    its concurrence with and plea for grant of
    the
    motion
    on January 23,
    1989.
    Joint Petitioners request
    a second change
    in the completion
    date specified
    in Condition
    1(a)
    of the Board’s May 9,
    1986 Order
    in this matter
    (“Original Order”).
    In the Original Order
    Condition 1(a)
    read:
    a.
    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.
    Condition
    1(a) was
    first modified by Board Order
    of May
    5,
    1988
    (“Modified Order”)
    in response to
    a request
    from Joint
    Petitioners.
    That modification extended
    the completion date
    to
    September
    30,
    1989.
    Justification for this first modification was based on
    the
    need
    for
    time
    to obtain data upon which design of
    the facilities
    necessary
    to comply with Condition
    1(a)
    could proceed.
    Joint
    Petitioners pointed out that Morton had completed
    separation
    of
    sewers tributary
    to Plant No.
    2 well
    ahead of
    the October,
    1991
    deadline specified
    in Condition 1(c)
    of
    the Original Order.
    Separation
    of these sewers
    in turn resulted
    in fewer excess flow
    events
    at Plant No.
    2 than had been earlier anticipated.
    In
    fact,
    no precipitation—related excess flow events
    at
    all occurred
    at Plant No.
    2 during 1987,
    in contrast
    to
    the
    three
    or four
    events per year which had occurred prior
    to
    the upstream sewer
    separation (Modified Order
    at 1).
    Joint Petitioners therefore
    sought,
    and this Board granted,
    a one—year extension of the
    compliance date, with the extension
    intended
    to allow Morton time
    to obtain
    a better understanding of the new expected frequency
    and extent of excess flow events,
    and thereby
    to appropriately
    design the control facilities
    (Id.).
    96—03

    —2—
    Justification for the instant
    request is identical
    to that
    presented
    in the prior request
    for modification.
    No excess flow
    events have occurred since issuance of
    the Modified Order,
    perhaps related
    to the drought conditions
    of
    1988.
    Morton
    therefore contends that
    it still has not been able to obtain the
    monitoring
    data necessary to allow final design of the Condition
    1(a)
    control facilities.
    Morton further contends that choice
    among
    final design options could result
    in savings of $150,000.
    The Agency believes that allowing another year
    for
    monitoring would
    be appropriate.
    The Agency points out that
    the
    environment has suffered
    no harm
    from the delay
    in construction
    of the Condition
    1(a)
    facilities,
    and that
    it
    is
    in the best
    interests
    of Morton and the State
    that environmental control
    funds be
    spent effectively and efficiently.
    The Board hereby grants Morton’s motion to modify the
    completion date contained within Condition
    1(a),
    as specified
    in
    the Board’s prior Orders
    in PCB 85—212
    (May
    9,
    1986,
    and May
    5,
    1988),
    to September
    30,
    1990.
    This grant
    is subject
    to the
    condition
    that all other uncompleted requirements of
    the
    Board’s prior Orders
    in
    this matter shall
    remain
    in
    full
    force and effect
    as
    issued.
    IT
    IS SO ORDERED.
    J.D.
    Dumelle concurred.
    I,
    Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify
    thatf the above Order was adopted
    on
    the
    ~
    day of
    --
    —,
    1989,
    by a vote
    of
    7-c
    .
    7
    /
    /
    //
    /
    ~
    Dorothy
    ?4/2Gunn, Clerk
    Illinois Pollution Control Board
    96—04

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