ILLINOIS POLLUTION CONTROL BOARD

November 21, 1985

EM THE MATTER OF:

)

)

APPLICATION FOR LAKE MICHIGAN

)

PCB 85-158

PERMIT NO. 180 LM FOR

)

ALEX STAMATAXIS

)

ORDER OF THE BOARD (by

1. Anderson):

This permit application, received by the Board October 21,

1985, seeks authorization to sink a 190’

z 35’ barge in Lake

Michigan to act as an offshore breakwater for the applicant’s

property in Winnetka.

This Order is to clarify the status of the

application.

At its October 21 meeting, the Board deferred consideration

of concurrence with the permit proposed to be issued by the

Illinois Department of Transportation (IDOT), and issued an Ordeç

requesting more information concerning the nature of the barge

and its potential to contribute to pollution of the Lake.

The

Board

received

a

response

from

the

applicant

November

5.

Action

was

again

deferred

at

the Board’s November 7

meeting,

based

on a letter received that day from Michael R. Feagley,

counsel for certain adjacent property owners.

The letter

asserted that the barge had been sunk on October 30, and advised

the Board that these property owners had requested IDOT to

reconsider and reopen the application.

The Board must again defer action in this matter.

On

November 18, the Board received copies of letters from IDOT to

Mr. Feagley and Mr. Stamatakis.

Each letter notes that the barge

had been sunk, that IDOT was indeed reopening the comment period

and that IDOT was requesting the applicant and objectors to

“see

if

a

mutually

agreeable

resolution

can

be

obtained.

This

additional

information

will

be

used

by

the

Department to decide whether to issue your permit as

it

now

stands,

issue

with

conditions,

or deny

and

order removal of the unauthorized berge breakwater.”

The Board notes that, at

this

juncture, an argument can be

made

that this application should be dismissed from its docket,

as there is no longer a final decision from IDOT with which the

Board can concur.

Given the history of this application,

however, the Board believes it preferable to retain this matter

on its docket to ensure a continuity of information to the Board

on this matter.

However, no action will be taken by the Board to

concur with, to dissent from, or to dismiss this application

---

until

such time as ~he Board receives notification from lOOT of

its final determination concerning this matters

IT

IS SO ORDERED~

I,

Dorothy M~Gunn, Clerk of

the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

~

day of

~

1985,

by

a vote

°~

Dorothy M~Gu,ñn, Clerk

Illinois Pollution Control Board