ILLINOIS POLLUTION CONTROL BOARD
    March 11, 1976
    MR. & MRS. WALLACE CARSON, ET. AL,
    Complainant,
    v.
    )
    PCB 75—434
    CITY OF AURORA,
    Respondent.
    Mrs.
    Wallace
    Carson appeared pro
    Se.
    Mr. Philip C. Ruddy, Corporation Counsel, appeared on behalf of
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Goodman):
    This matter comes before the Pollution Control Board (Board)
    upon the November 10, 1975, Complaint filed by Mr. & Mrs. Wallace
    Carson and twenty—four similarly situated citizens and residents
    of the City of Aurora, Illinois (Aurora). The Complaint alleges
    that Aurora has allowed infiltration and inflow to its combined
    sanitary sewer system so as to cause sewage back-up into Complai-
    nants’ basements, thereby violating Rules 601 and 602 of the Water
    Regulations and Sections 12(a) and (b) of the Environmental Protec-
    tion Act (Act). A hearing was held on January 16, 1976.
    Aurora has a combined storm and sanitary sewer system which
    was built in the late 1800’s. The area in question is the Broadway
    area and consists of the lower third of the system (P. 24)
    .
    In times
    of heavy rains, the entire system is under hydrostatic pressure
    (P. 24). In dry weather conditions the system is between one-half
    to two—thirds full. When there is a heavy rain, the sewers back up
    (P. 25)
    Complainants testified that, with
    the
    exception of the last two
    rains, they have experienced sewer back—up each time it rained. These
    back ups have caused raw sewage to be deposited in Complainants’
    20—253
    —2—
    basements (R 7). This problem has existed, at least, since the l950’~
    and certainly during the 1960’s (P. 17, 21). Overflow from the street
    has washed out one Complainant’s garden (R 18). Aurora admits that
    there are apparently many illegal downspouts in the area. The City
    has sent 210 notices of possible downspout violations (City Exs. C
    and D).
    Aurora has presented several methods of alleviating the problem.
    First, it intends to cut out roots in the sewer system. This would
    result in only a temporary alleviation of the back—up (P. 40)
    .
    After
    removing the roots, Aurora suggests that it monitor the line for
    velocity, direction and depth of flow (R 49). Aurora is meeting with
    the Sanitary District to discuss either the treating of overflows into
    the Fox River or separating the system CR 52)
    .
    The only sure method
    of preventing the back-up would be to divide the system. This would
    cost between $12 and $15,000,000.00 and would take approximately 3
    years to complete if funds were available (R 27, 54)
    Two other temporary solutions were suggested. The first would
    be to install a larger inceptor along South Broadway. This would
    cost approximately $1,000,000 (P. 53). The second would be to collect
    the majority of storm water, and, via a new inlet system, run it
    over Mr. Conover’s property to the Fox River, at a cost of $35,000.00
    (P.
    54—5).
    Aurora has welded plates to partially cover the inlets so as to
    slow waterfiow into the sewers (P. 56)
    .
    Aurora also states that indi-
    vidual citizens could install stand pipes and/or sewage ejector pumps
    to resolve the individual back-ups. However, this could cause their
    basements to buckle due to hydrostatic pressure (R 64)
    The Board finds that Complainants have carried their burden and
    that the facts presented to the Board constitute violations of Rules
    601 and 602(b) of the Water Regulations and Sections 12(a) and (b)
    of the Act. See Donaldson v. City of Elmhurst, 72-389, 9 PCB 681
    (1973). However, the Board does not believe that any purpose would
    be served through the assessment of a penalty for these violations.
    The Board also finds that the information in the record is insuffi-
    cient for the Board to determine the best course of action Aurora
    should take to cure the violations found, herein. The Board presumes
    that Aurora will diligently prosecute those persons having illegal
    downspouts and that Aurora will thoroughly investigate and implement
    a plan to alleviate the overflows and backups from its combined sewer
    system.
    The Board will grant the relief sought by Complainant and will
    order Aurora to file status reports with the Agency every sixty days
    on its progress towards resolution of these problems, including the
    investigation of obtaining Federal and State grants.
    20—
    254
    —3—
    This Opinion constitutes the Board’s conclusions of law and
    findings of fact in this matter.
    ORDER
    1. The City of Aurora is found to have violated Rules 601
    and 602(b) of the Water Regulations and Sections 12(a) and (b)
    of the Act.
    2. The City of Aurora shall report to the Pollution Control
    Board, through the Agency, within sixty days from the date of
    this Order the status of its progress in abatement of storm
    water infiltrations and its program for termination of all
    illegal connections to sanitary sewers, together with all re-
    medial action taken to improve its storm water sewers and to
    lessen the likelihood of overflow into sanitary sewers, its
    termination of cross-connection against recurrence of sewage
    back-up in the South Broadway Area.
    3. The City of Aurora shall report all incidents of sewer
    back—up basements that have occurred during the intervening
    period and the reasons therefor.
    IT IS SO ORDERED.
    I, ChrListan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above pinion and Order were adopt~d on
    the
    day of~
    ,
    1976 by a vote of
    4’_~
    cA
    Christan L.
    0~
    Moffetf/I.c’lerk
    Illinois Po1lution~~itrolBoard
    20— 255

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