ILLINOIS POLLUTION CONTROL BOARD

November

29,

1971

ENVI

RONMENTAL

PROTECTION

AGENCY

C1~T~

OF CHAMPAIGN,

ILLiNOIS

PCB

71-Sic

THE

BOARD

OPT

RUSTEES

OF

THE

UNIVERSITY

OP

I LLINOIS

,

an~

ALPHA

MATERIAL

AND

FEC

CO MPAN ~

Su~ph~menta1 Opinion

and

Order

of the Board

(by Mr.

Currie)

on

September

16,

1971, the following order was entered

in

the

above—captioned

case:

1.

The

City

of

Champaign

shall,

by

no

later

than

March

16,

1972, submit to the Environmental Protection

Agency and

to the Pollution Control Board a report

containing, but not limited

to,

the following:

a)

A description of

the condition of the Boneyard

and,

to the extent reasonably determinable,

the

sources

of its pollution;

b)

A description

of steps taken by

the City on the

intervening period to deal with cases of pollution

of Boneyard Creek;

c)

A detailed program for

the policing of Boneyard

Creek and of its sewers

in order to prevent the

discharge of unnecessary pollutants inbo

the

Creek through

the Storm sewer system operated

and maintained by the City;

d)

A detailed program designed to clean up and improve

the quality of the water

in Boneyard Creek within

a reasonable but fixed period of time,

to the extent

oracticable;

---

2.

The

University

of

Illinois

shall,

by

no

later

than

December

3,

1971, submit to the Environmental Protection

Agency and the Pollution Control Board

a report

containing, but not limited

to, the following:

a)

A

program

detailing

the

corrective

measures

to

be

taken

in

the

future

by

the

University

to

control

the

discharge

of

contaminants

from

the

Abbott Power Plant into sewers tributary to the

Boneyard

Creek.

Such

a

plan

shall include measures

for

the

interim

control

of

pH

and

settleable

solids

and

shall

indicate

a

fixed

time

schedule

for

the implementation and completion of

the program.

3,

Alpha Material and Fuel Company shall cease

and desist

the discharge

of contaminants

into the Boneyard Creek

so as

to

cause

or tend to cause water pollution of

the Creek.

4.

Upon receipt of the above required reports the Board

will

decide

what

further

proceedings

are

appropriate.

The Board of Trustees

of the University of Illinois has

filed

a

Motion

for

Stay

of

that

portion

of

this

Board’s

order

of September

16 which relates to the University

(~

2a)

on

the

ground

that

the

report

which

we

ordered them to submit would

be similar

if not identical to the annual environmental assess-

ment which they are required to file under Section

47

of the

Environmental

Protection

Act and that

a

stay of the order

pending judicial review would not therefore have any “adverse

impact.”

We disagree.

We have held

in this case

that the Board has jurisdiction

over other State agencies with respect

to pollution control.

In the exercise

of this authority,

we have ordered

the

University

to perform

a reasonable

task designed to assist

us

in our efforts

to determine the best practicable method of solving the Boneyard

Creek pollution problem.

Whether or not the University has

the

obligation of performing

a similar task for another State agency

hardly vitiates

its responsibility to this State agency.

Rather,

it would tend

to make their task easier

if,

indeed,

the required

reports are so similar.

Therefore,

the Motion

for Stay is denied.

I, Christan Moffett, Acting Clerk of the P0)

ition Control Board,

certify that the Board adopted the above

Sur

1~ementalOpinion

and Order

this

~

;‘

day of:

,

1971.

3

-~