ILLINOIS POLLUTION CONTROL BOARD

July 14,

1983

VILLAGE OF LOMBARD,

)

Petitioner,

P03 82—152

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by J~D.Dumelle):

This matter comes before the Board upon a June 27,

1983 motion

for rehearing and modification of the ~

June 16,

1983 Order,

a June

29, 1983 motion for intervention, rehearing and modification

and a July 13,

1983 motion for oral argument filed by George W.

Fyler.

The June

27 motion fails to allege any reasons for

rehearing while the June

29 motion alleges “new evidence of

continued fraud.”

Neither motion contains proof of service upon

the parties

although the June

27 motion does indicate that copies

were sent.

First,

Mr.

Fyler was an active participant in these proceedings,

hut the record does not indicate that he attempted to intervene

prior to the June 29 motion,

despite the fact that he refers to

himself as an intervenor

in his June

27 motion.

The June

29

motion for intervention is not timely as required by 35

Ill.

Adrn.

Code 103.142(a)

in that

a decision has already been reached in

this matter and to allow rehearing based upon untimely intervention

would not allow for an “expeditious hearing,”

Therefore,

intervention

is denied as are the other motions since Mr.

Fyler

has no standing

to request such relief.

Second, even

if intervention had been granted the remaining

motions would necessarily be denied in that they fail to specify

any reason for rehearing other than

the

bare allegation of fraud.

Without more, the Board could not determine whether rehearing would

be justified or even whether the Board would have jurisdiction to

hear the claims.

53-13

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—2—

Third, the Board notes that its June

16 Order allowed a

construct—only permit to be issued.

Based upon a July

7,

1983

filing of

a letter from Mr. Fyler

to the Illinois Environmental

Protection Agency, his allegations pertain,

at least in part,

to the likelihood that improvements and repairs to the Village of

Lombard’s sewer system will not remedy the overloading problems

on the Grove Combined Sewer or the Grove Storm Sewer such that

they may be removed from Restricted Status.

Such information was taken

into account in the Board’s Order which will not allow connection

to the sewer system prior to termination of Restricted Status.

Thus,

surcharging problems cannot be aggravated.

Finally, other allegations of “fraud, concealment of facts,

and falsification of data which indicates the need for a grand

jury investigation” appear not to be directed to the Board

(July

7 letter).

Therefore, all of

Mr. Fyler’s motions are hereby denied.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Bp~rdhereby certify that the above Order was adopted on

the

1’-f

day of ______________________,

1983 by a

vote of

Lj...-O

Illinois Pollution

trol Board