ILLINOIS POLLUTION CONTROL BOARD

October 3, 1972

CITY OF EAST ST. LOUIS

V.

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72—393

ENVIRONMENTAL PROTECTION AGENCY

Preliminary Order of the Board (by Mr. Currie)

East St. Louis seeks more time to build secondary sewage

treatment facilities, alleging among other things that the

regional planning agency (Southwestern Illinois Metropolitan

Planning Association Commission, or SWIMPAC) has not yet

determined whether or not East St. Louis should participate

with Lansdowne, Sauget, and Cahokia in a single regional treat-

ment plant. Clearly the controversy cannot be resolved without

the addition of SWIMPAC and the other communities as parties,

so that our order can reach all those whose actions may be

necessary to construct the needed facilities. A hearing is

hereby authorized, and the hearing officer is directed to

join SWIMPAC and such other parties as may be within one of

the alternative plans being considered by SWIMPAC. Cf.

EPA v. City of Silvis,

#

71—159, 2 PCB 677 (Oct. 18, 1971)

Gages Lake Sanitary District v. EPA,

#

71-104, 2 PCB 443

(Sept. 16, 1971).

The petition is not wholly adequate as it now stands.

It omits information as to effluent and river quality and

does not clearly indicate why no contract for preliminary

engineering was entered into until November 1971, although

our regulation requiring secondary treatment by December

1973 was adopted in January 1971. We shall allow 21 days

for the filing of an amended complaint, which should provide

that the 90-day period during which we must decide the case

shall begin to run as of the date the amended petition is

filed. Absent such extension of the period we will be forced

to dismiss the initial petition for insufficiency.

I, Christan Moffett, Clerk of the Pollution Control Board,

certify that the Board adopted the above Preliminary Order

this 3rd day of October, 1972, by a vote of____________

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