ILLINOIS POLLUTION CONTROL BOARI)

October 13,

1977

DERBY MEADOWS UTILITY COMPANY,

Petitioner,

and

HOMEOWNERS’ ASSOCIATION OF

)

PHEASANT HOLLOW

 & DERBY HILLS,

)

 PCB 77-153

Intervenor,

v.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

INTERIM ORDER OF THE BOARD

 (by Mr.

 Young):

On September

 29, 1977,

 Petitioner

 filed a Motion for

Modification of Board Order wherein modification of paragraph

3(d)

 of the Board Order of September

15,

 1977,

 is sought.

Paragraph 3(d)

 of the Board Order requires that the

Petitioner not authorize any connection

 to the collection

sewers without prior approval from the Environmental Pro-

tection Agency and notice to the Intervenor.

It appears that Petitioner obviously intended to request

modification of paragraph

 3(c)

 to revise the allocation set

forth in that portion of the Order rather than 3(d).

The proposed Sanitary Sewer Connection Allocation dated

Septembor

27,

 1977,

 and annexed to the Motion contains several

errors.

 The Motion itself, while stating that the developers

of Derby Meadows

 3 and Heather Estates have consented to the

loss of allocations

 (3 and 1 respectively),

 no such statement

appears regarding the developers of Sylvan Hills

 3, who would

lose

 6 connections,

 and Lancaster Square

 3, who would lose

45

connections.

28-41

—2—

In view of thesn

 iscrepancies,

 the Moti ~

 will he denied

unless amended withi~ ~.4clays of the date of ca~sOrder and

such amendment includes

 a siqned statement of cansent from any

developer or builder who wouii

 lose connectio~ under

 the pro-

posed modification of the connection allocation together with

the written assent of the Intervenor and the Respondent.

The Board notes from the proposed allocation that a total

of 560 homes have been occupied and presumed connected to the

system;

 at the time of the hearing 506 homes had been connected

(R.

 43).

 The Board Order of September

15,

 1977,

 in paragraph

3(a)

and

 3(b)

 provided that

 additional sewer connections

be made until installation of a flow meter

at

 :iie sewage treat-

ment plant had been completed and a detailed listing of all

subscribers served by the Petitioner had been delivered to the

Respondent and Intervenor.

 The Board will require verification

by the Petitioner that paragraphs

 3 (a) (b) and

(d)

 of the September

15,

 1977, Order were complied with prior to allowing those addi-

tional connections before any modification of that Order will

be considered.

IT

IS

 SO ORDERED.

I, Christan

L.

 Moffett, Clerk of the Illinois Pollution Con-

trol Board, hereby certify th~above Interim Order was adopted

on the

 day of

__________________,

 1977 by

 a vote of

1.1.1

nC)

Poll

ut

.1.01

 1 Board

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