ILLINOIS POLLUTION CONTROL BOARD

October 14,

976

CITY OF JACKSONVILLE,

)

)

Petitioner,

)

)

V.

)

PCB 75—390

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by

Mr.

Goodman):

In the Board Order of January

8,

1976 herein the City of

Jacksonville

(Jacksonville) was granted a variance which included

an Order that Briefs be submitted by the parties concerning the

cost of removal of certain deposits in the stream bed, the environ-

mental harm that may be done by such removal, and whether or not

the Board had authority to require said removal.

The Board retained

jurisdiction in the matter for the limited purpose of determining

whether the deposits should

be

removed

by Jacksonville.

On May 28,

1976, Jacksonville submitted its Brief including

a study performed by its consulting engineers concerning the afore-

said deposits.

The Agency failed to submit

a Brief on the issues

stated.

The

enq

i

net.~ri

ng

report;

inclUded

w

i

Lh

the

Kr

i ci

o I Jack son—

Vi

lie

i ndic~ttes

that

the

st~roamhas

cleansed

i

iso

I t~ of

92V

of

the

deposits and estimates the cost of removal of the

remaininq

deposits

to be $7200.00.

The report indicates that there are about

8 cubic

yards

of deposits remaining at this time.

The engineering report

further indicates that a removal operation would destroy all trees

and ground covering

in

the

areas

worked

as

well as the access road

site.

This would contribute

to further erosion of stream banks

and

would destroy valuable

cover

for

birds

and

wild

life along the

stream.

24—13

---

—2—

The Board finds

that the deposits

as they are now comprised no

longer pose a threat to anyone who may be using the stream.

Con-

sidering the cost and the environmental harm involved in the removal

of the deposits,

the Board hereby rejects said removal

in this case.

Considering the decision above, the Board does

not need to

consider the

issue of its authority to recuire removal of the

waste.

IT IS SO ORDERED.

I,

Christart

L. Moffett, Clerk of thn

Illinois

Pollution

Control

Board,

he eb

certify

the above Order was

adopted

on

the

/q’~’

day of

,

1976 by a vote

cf

~

C

ristan

L~. Moffet

,

lerk

Illinois

Pollution

ntrol Board

24

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