ILLINOIS POLLUTION CONTROL BOARD

November 21, 1985

IN THE MATTER OF

PROPOSED SITE SPECIFIC S~ATER

POLLUTION RULES AND REGULATIONS

APPLICABLE TO CITIZENS UTILITIES

)

R81—19

COMPANY OF ILLINOIS~ DISCHARGE

TO LILY CACHE CREEK

ORDER OF THE BOARD (by J0 Theodore heysr)

This matter comes before the Board on

remand

from the Third

District Appellate Court for further

proceedings

consistent with

the

views expressed by the court0

This mat2E:r involves a

peLition for site~specific

regulatory re:Lief for

discharges

into

Lily Cache Creek

by

Citizens

Utilities Compan’~’ of illinois

(Citizens). On May 5,

1983

the

Board

dismissed the petition

because the record provided an inadequate basis to determine

whether the proposal was justified~ Op~ at 9. On appeal of the

dismissal, the Third District found that although there might be

shottcomings in the record, the Board

must “confront

the issue of

the economic impact of the proposed regulatory change.” (Slip.

Op. at 8). The Court further found that until

such a

determination was made, the administrative record was incomplete

t~or review. In its May 5, 1983 opinion the Board stated that

Mt)here is not enough information as to potential, or even

actual, use or impact for the Board to make a determination as to

whether it is economically reasonable to maintain the general use

water quality standards along the Creek~ Op~at 9~ Given the

current inadequacy in the record, the Board orders that further

hearing be held on the economic impact of this regulatory

proposal.

IT IS SO ORDEREDO

R. C. Flenial abstained.

I, Dorothy M, Gunn, Clerk of the ii1i~Ls Pollution Control

Board, hereby certify that the above order vas adopted on

the

~

day of

~

1985, by a vote

of ~-C).

Dorothy M~.,A~unn, Clerk

Illinois Pollution

Control Board

68-459