ILLINOIS POLLUTION CONTROL BOARD
    October
    9,
    1986
    BRAVO-ERNST DEVELOPERS,
    Petitioner,
    v.
    )
    PCB 86—10
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    COUNTY
    )
    OF DUPAGE and DUPAGE UTILITY
    )
    COMPANY,
    Respondents.
    INTERIM ORDER OF THE BOARD
    (by B.
    Forcade):
    On September
    18,
    1986, Bravo—Ernst Developers
    (“Bravo-
    Ernst”)
    filed
    a Motion
    for Reconsideration of the Board’s August
    14,
    1986,
    Order denying variance.
    That motion raises the issue
    of installing and operating a surge or holding
    tank to restrain
    sewage
    from entering the sewer system during periods of peak wet
    weather flows.
    On October
    6,
    1986, Bravo—Ernst filed
    a two—page
    engineer’s
    report and engineer’s sketch.
    On October
    8,
    1986, the
    Illinois Environmental Protection Agency (“Agency”)
    filed
    a
    Response
    to the Motion for Reconsideration which noted several
    technical concerns about the tank design and pointed out t’at
    Bravo—Ernst did not appear
    to have the Illinois Commerce
    Commission Certificate of Convenience and Necessity that would
    be
    required to operate the surge
    tank.
    Neither
    the County of
    DuPage, the DuPage Utility Company, nor Bravo-Ernst have yet
    responded to the Agency’s suggestion that the Board order DuPage
    Utility Company to “accept and operate” the surge tank once it
    is
    completed.
    Therefore, the Board orders
    that, not later than 5:00 p.m.,
    October
    22,
    1986,
    the County of DuPage, the DuPage Utility
    Company,
    and Bravo—Ernst file
    a response
    to the Agency suggestion
    that the Board order DuPage Utility Company to accept and operate
    any such tank.
    The parties are free
    to provide comments to the Board on the
    technical issues of tank construction raised by the Agency and to
    provide comments on whether operation of the tank could be
    automated.
    IT
    IS SO ORDERED.
    73,45
    —2—
    Board Member
    3. Theodore Meyer dissented and Chairman J.D.
    Dumelle concurred.
    I, Dorothy
    M. Gunn, Clerk
    of the Illinois Pollution Control
    Board,
    hereby certify ~at
    the above Order was adopted on
    the
    ~
    day of
    ____________________,
    1986, by a vote
    of
    _____________
    ,)~.
    Dorothy M. dunn,
    Clerk
    Illinois Pollution Control Board
    73.46

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