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.
    44—11

    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.
    44—12

    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
    ~‘
    day of
    /)ç~
    ~
    ~
    1931 by a vote of
    ~
    (.~~
    ~
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    ~
    Christan L. Mof~t,~,Clerk
    -
    Illinois Pollution Control Board
    44—13

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