ILLINOIS POLLUTION CONTROL BOARD

January 9,

1986

In the matter

of:

JOINT PETITION OF THE VILLAGE

)

OF HARTFORD MD

THE ILLINOIS

)

PCB 85—33

ENVIRONMENTAL PROTECTION AGENCY

)

FOR EXCEPTION TO THE COMBINED

)

SEWER OVERFLOW REGULATIONS

MR. WILLIAM M.

COX APPEARED ON BEHALF OF THE VILLAGE OF HARTFORD.

MR. THOMAS DAVIS APPEARED ON BEHALF OF THE ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY.

DISSENTING OPINION

(by J. Theodore Meyer):

I

am voting Nay for the following reasons.

The Mississippi

River

is not an exclusive sewer

for

small dischargers

of waste

while requiring larger dischargers

of waste

to conform to

state

and federal

effluent standards.

Additionally

I am

concerned,

what was the disposition of funds received by the Village as

a

result

of the U.S. Army Corps of

engineers flooding of the

Hartford waste water treatment plant?

Generally

the Corps pays

compensation

for

its taking of property and certainly the

flooding of

a waste water

treatment plant

is

a taking of real

property.

(~1

T~”—,~

J.

~ieodor~

Meyer

Board Member

IT

IS SO ORDERED.

I, Dorothy

M. Gunn,

Clerk

of the Illinois Pollution Control

Board, hereby certif~ythat the

ove Dissenting Opinion was

submitted on

the

/~~-

day

of

______________,

1986.

Dorothy M.

unn

Illinois Pollution Control Board

67-411