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