ILLINOIS POLLUTIONJ CONTROL BOARD
November
5,
1981
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 79—35
CHEVY CHASE WATER AND SEWER CO.,
VtL1~AGE OF BUFFALO GROVE,
AND THE COUNTY OF LAKE,
Respondents.
~3UPPLEMENTAL OPINION AND ORDER OF THE BOARD
(by J.
Anderson):
This Opinion and Order is the Board’s hopefully
final
exercise of the jurisdiction retained in this matter by the
Board’s Opinion and Order of February
19,
1981,
In that Opinion,
Chevy Chase was found to have violated the Act and several Board
Rules.
This Order, based on information required to be filed in
the earlier Order,
outlines permissible means for achieving
compliance.
On September 24,
1981,
the Board ordered Chevy Chase to serve
copies of its September
18,
1981 letter/report
to all parties,
in order to make sure that all parties were sufficiently informed
and to allow
the parties to file any responses or comments by
October
15,
1981.
None was filed by the Village of Buffalo Grove
(Buffalo
Grove).
However, on October
15,
1981,
a response was filed by
Lake County
(County) by Assistant States Attorney Gary Neddenriep.
The response included:
1.
A statement by the States Attorney that
the
County
agrees
to accept ownership, with conditions,
of the Chevy Chase
Sewer System.
It was further explained that a construction grant
could he awarded within 6 months
if grant
funds are obtained and
local cost recovery is provided.
The States Attorney represents,
in part,
that “the right of the Village
Buffalo
Grove
to consent
within
the Village’s sphere of influence
under that Agreement
allows them to participate in County utility planning,
but does
not entitle them to arbitrarily withhold their consent when no
adverse impact on the Village
is shown to exist.”
2.
A formal Joint Resolution to the Chairman and Members
of the County Board from the County’s Public Service Committee
and its Financial and Administrative Committee authorizing
the
County Board Chairman to reactivate the Illinois Environmental
Protection Agency
(Agency) grant for the Chevy Chase project.
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2
3.
A formal County resolution reactivating the grant
application.
The
Board deems this communication as the County’s consent
pursuant to paragraph
4 of the Board’s Order of February
19,
1981,
except for the lack of information showing formal agreement by
Chevy Chase
to the County’s conditions
for accepting ownership.
The Board deems the lack of affirmative action by
Buffalo Grove as denial of its consent,
for purposes of this
proceeding, pursuant to paragraph
3 of the Board’s Order of
February
19,
1981.
The Board cannot allow further delay
in resolution of this
action,
filed February
21,
1979 by the Agency.
The Board, as reflected in its Opinion and other Orders
(June
25, 1981 and September 24,
1981) in this case, has made
every effort to encourage the parties in their efforts to reach
an agreement that would accommodate the County’s Agreement with
Buffalo Grove, achieve the least economically burdensome plan,
and maintain consistency with the County’s utility planning.
How-
ever, the Board’s overriding concern remains the abatement of the
long—term pollution problem.
(See Opinion of February 19,
1981).
In its Opinion of February 19,
1981, the Board noted that all
parties, including Buffalo Grove,
agree that the hookup of Chevy
Chase’s sewers to the County’s regional plant is the least costly
option.
The Board finds that it is also the most environmentally
sound option, in that the record now shows that this option stands
the best chance of being implemented in the shortest time.
The
Board finds that Buffalo Grove’s refusal to give its consent is
without merit as
it pertains to this case,
since its refusal was
based on annexation matters, not environmental concerns.
Lake
County’s assertion that its interceptors and facilities are
capable of accepting a Chevy Chase connection assures the Board
that there is
no environmental impediment to this option.
However, the Board must note that it also considers
the
upgrading of the Chevy Chase facility as an environmentally
acceptable option.
The assumption of the greater cost of this
option is of Chevy Chase’s own making if
it refuses
to cooperate
with Lake County.
Based on the County’s agreement to proceed,
the Board orders
Chevy Chase
to submit to the Board within
90 days
a copy,
if
any,
of its written acceptance of the County’s plan and conditions for
accepting ownership of the Chevy Chase sewer system.
The Board will retain jurisdiction
in this matter.
However,
for purposes of appeal
as provided for
in Sections
29 and 41 of
the Act,
the Board certifies that this may be considered to be a
final order for those purposes only.
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3
This Supplemental Opinion constitutes the Board’s supplemental
findings of fact and conclusions of law in this matter.
ORDER
1.
Chevy Chase shall continue to comply with paragraph
5
of the Order of the Board of February 19,
1981.
2.
Within 90 days of the date of this Order,
Chevy Chase
shall submit to the Board a copy of its written acceptance,
if any,
of the County’s plan and conditions contained in the Response of
County of Lake to Report made by Chevy Chase Water and Sewer Co.,
filed with the Board on October 15,
1981.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify ~h~t the above Supplemental Opinion
and Order was adopted on the
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day of
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1931 by a vote of
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Christan L. Mof~t,~,Clerk
-
Illinois Pollution Control Board
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