ILLINOIS POLLUTION CONTROL BOARD
    April
    17,
    1972
    NORMAN
    NACHTRIEB
    V.
    )
    PCB 72—8
    SOUTH PALOS TOWNSHIP
    SANITARY DISTRICT
    Norman Nachtrieb,
    pro se
    Arthur C.
    Thorpe, Attorney for South Palos Township Sanitary District
    Opinion and Order of the Board
    (by Mr. Aldrich):
    Norman Nachtrieb,
    an interested citizen of the South Palos Township
    Sanitary District,
    filed a complaint against said District on January
    7,
    1972.
    The complaint alleges
    that the District
    is unable to complete
    a sanitary sewer system for residents
    of the area for financial
    reasons.
    Complainant asks
    the Board to order the District to complete
    the sewer system and to issue the necessary bonds
    to finance its
    completion.
    A hearing was
    held March 22,
    1972.
    The facts in the case are not in dispute.
    The inhabitants of the
    District are presently disposing
    of their sewage through privately
    owned individual septic systems.
    Soil conditions
    in the area are
    such that the septic systems
    are ineffective because the soil cannot
    safely absorb the sewage
    (R.
    3).
    As
    a result,
    the discharge of
    sewage is causing pollution of both the ground and
    the air in the
    District.
    The ground pollution
    is also threatening to contaminate
    the water supplyof
    the District~sinhabitants.
    In order to eliminate the aforementioned problems,
    the District
    proposed to construct a sanitary sewer
    system.
    A general obligation
    bond issue of $250,000.00 was approved by the District’s inhabitants
    March
    21,
    1970, which exhausted the statutory limit of the bonding
    power of the District.
    An engineer estimated the total cost of the
    project to be $1,100,000.
    Accordingly, special.assessments
    in the
    amount of $849,905.91 were made against the inhabitants of the
    District which together with
    the $250,000 in bonds would meet the
    estimated total
    cost.
    The lowest construction bid received, however,
    was $1,140,411, considerably higher
    than the estimate of $701,725
    (R.
    6,7).
    Nevertheless,
    the lowest bid was accepted and construction
    of the sewer system was
    begun.
    At the
    time of the hearing,
    the project
    was about 85
    complete, but the District
    lacks about $400,000
    in monies
    to complete the project
    (R.
    7).
    Applications
    for
    State and Federal
    funds have been made but the likelihood of receiving these funds is
    unknown.
    The complaint alleges
    that the contractor will
    cease
    his
    construction operations if payments to him
    are
    not continued.
    4—
    181

    Complainant
    Nachtrieb
    asks that we order the District to complete
    the sewer system thereby abating pollution of the ground and air and
    eliminating the threat of a contaminated water suppiy.
    The District
    takes the position that it
    has taken all the steps required by law
    to install sanitary sewers but that its
    funds have been exhausted
    because of inflation
    (R.
    13).
    The District agrees, however,
    that a
    pcllution problem does exist and that it is essential that the sewer
    system be completed.
    We agree.
    Considering the heavy investment
    in
    the sewage system by
    the inhabitants of the District and the fact
    that the
    project is already
    85
    finished, completion of the system
    is the only rational approach at this point in time.
    We
    shall order
    the District to complete
    the sewer system~expeditiously.
    Complainant specifically requests that, pursuant to the provisions
    of
    Section 46 of the Environmental Protection Act, we order the Dis-
    trict to issue bonds necessary to finance the completion of the
    sewage system.
    Mr. Nachtrieb notes that the inhabitants of the
    District face
    a considerable financial burden because of debts
    already incurred in connec~tionwith the sewage system.
    The issuance
    of general obligation bonds to finance completion of the project
    would spread the tax load over a number of years,
    thereby easing the
    immediate~burdensomewhat.
    Whatever the merits of this argument,
    the decision to issue general obligation bonds or to use alternative
    means of raising funds rests with the District, not with this Board.
    Our order today requires the District to complete the sewer system
    as soon as feasible in order to abate pollution.
    To comply with
    this order the District is authorized
    pursuant
    to Section
    4.6
    to
    issue general obligation or revenue bonds without refererrdum and, as
    we have held in previous cases, without regard to any statutory
    limit to bonded indebtedness
    (cf. League of Women Voters v. North
    Shore Sanitary District, PCB 70-7, March 31,
    1971; City of Marion v.
    EPA, PCB 71-225, October
    28,
    1971).
    No specifid order to issue
    bonds
    is necessary.
    In ordering that the sewer system be completed
    as soon as feasible we merely say that financial considerations must
    not be allowed to cause undue delay in completion of the project.
    The District asks that
    if the Board orders the issuance of bonds for
    completion of the sewer system such order be deferred fo~at least
    six weeks
    (R.
    14,
    15).
    In making this request, the District reasons
    that action may be taken on
    its applications for Federal and State
    funds within a period of six weeks.
    There
    is currently at the federal
    level legislation under consideration to reimburse municipalities for
    sewage disposal improvements that have already been initiated or completed
    but this has not yet been enacted.
    As indicated later, we shall accede
    to the District~srequest for a short delay.
    4—
    182

    The District further argues that within six weeks
    a decision may be
    made
    in
    a lawsuit in the Appellate Court of the Second District
    construing
    the Board~spower to order the issuance of bonds by munici-
    palities or sanitary districts.
    Though it is our
    view
    that the time for
    pollution
    abatement
    is
    now, we recognize the dilemma of the District
    with respect to decisions as to Federal or State assistance and the
    Appellate Court decision.
    Until
    a decision is available either with
    respect
    to
    financial
    assistance
    from
    Federal
    or
    State
    sources,
    or
    by
    the Appellate Court,
    the District risks having monies committed without
    hope of reimbursement or without proper authority
    to issue the necessary
    boncls.
    Unless the Appellate Court rules otherwise,
    the District by
    virtue
    of the order we enter today has
    the authority
    to issue the neces-
    sary bonds.
    We shall
    at this tirne.grant the District until June
    1,
    to
    submit
    a statement indicating the earliest
    date on which completion
    of
    the sewage system can reasonably be expected and to file reports at
    monthly intervals thereafter indicating what progress has been made
    toward completing the project.
    This Opinion constitutes the Board’s findings of fact and conclusions
    of
    law.
    ORDER
    1.
    South Palos Township Sanitary District shall take all necessary
    steps for the abatement of pollution within its boundaries by
    the
    completion
    of
    its
    sanitary
    sewage
    system.
    2.
    South Palos Township Sanitary District
    shall.,
    by June
    1,
    1972,
    submit
    to
    the
    Pollution
    Control
    Board
    a
    statement
    indicating
    the
    earliest date on which completion of its sanitary sewage system
    can reasonably be expected.
    3.
    Following compliance with
    #2
    of this order,
    South Palos
    Township
    Sanitary
    District
    shall
    file
    with
    the
    Pollution.
    Control
    Board
    monthly reports indicating what progress
    has been
    made
    toward
    completing
    the sanitary sewage system and when completion can
    be expected.
    I, Christan
    L. Moffett, Clerk of the Pollution Control Board, certify
    that the Board adopted the ab ye Opinion and Order this
    /7
    day of
    April 1972, by
    a vote
    of
    -~
    4—183

    S
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