ILLINOIS POLLUTION CONTROL BOARD

January

6,

1972

In the Matter of

DU PAGE COUNTY SEWAGE

)

 R70-17

REGIONALIZATION

CHAPTER IV:

 WATER POLLUTION

PART 11:

 Regional Sewaqe Treatment

1101

 Preamble:

 The proliferation of

 numerous small sewage treat-

ment plants in densely populated and rapidly developing Du

Page County constitutes

 a severe and intolerable impediment

to the correction of present water pollution and

 a continuing

threat of additional pollution

 in the future.

 Not only do

the higher unit costs of constructing and operating small

plants waste finite dollars and therefore contribute

 to pollu-

tion;

 small plants cannot produce as satisfactory an effluent

as can larger plants, because they cannot provide certain

types of sophisticated treatment, because they cannot prac-

ticably be adequately supervised or maintained,

 and because

they cannot provide adequate standby treatment capacity to

prevent pollution in the event of

 a malfunction.

 The estab-

lishment or continued operation of sewage

 treatinent plants

so small as to exhibit these deficiencies,

 in areas such as

DuPage County where

 the populationdensity

 is high enough to

make larger plants economically

 feasible and indeed econom-

 ically far more

 desirable,

 is contrary to the anti-pollution

policy of the Environmental Protection Act.

 The nine service-

area concept for DuPage County proposed by the Northeastern

Illinois Planning Commission sets

 forth

 a reasonable geograph-

ical basis upon which

 to base

 a regionalization scheme in

DuPage County and the Board endorses

 this concept in principle.

All regionalization

 efforts made under this Chapter shall be

directed toward

 a reduction

 in the number of sewage treatment

facilities

 at the earliest reasonable deadline.

 A series of

regional plants, well-operated and strategically located, will

greatly minimize

 the pollutional load upon

 the DuPage County

streams and assure conformance with the Environmental Protec-

tion Act.

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393

In order

 to accomplish the above

 goals,

 the Board

will appoint

 a Hearing Officer for each of the nine regions;

he shall bring the various Parties in that region together;

either jointly or individually, the Parties shall submit a

Regional Plan to the Hearing Officer;

 the Hearing Officer

shall conduct hearings on these submissions and make recom-

mendations to the Board; based on these recommendations,

the Board shall determine a program for each region,

 and,

after publication,

 give

 final approval

to

 a regional waste-

water treatment program for DuPage County.

1102

 Regions.

 The nine regions

 in DuPage County shall

 be as

designated and approved by the Northeaster Illinois Planning

Commission October

21,

 1971,

 subject to such changes as the

Board shall make as

 a result of hearings held under this

Part.

 Such designatioPi is depicted on the DuPage County

map which is made

 a part of and attached to this Chapter.

The

 two areas marked for the National Accelerator Labora-

tory site

 and the Bartlett-Hanover Park Wastewater Section

shall for purposes of this regulation be considered

 as part

of the northwest region indicated on the map.

1103

 Parties.

 The County of DuPage,

 all municipalities,

 sanitary

districts,

 and public utilities presently having responsibil-

ity for the treatment of sewage shall be Parties

 in these

proceedings.

 The failure of any such Party

 to appear or

participate shall bind that Party as to any proceedings or

rulings made by

 the Hearing Officer of the Board under this

Part.

1104

 Hearing Officers.

 The Board shall designate

 a Hearing Officer

for each

 of the nine regions.

 It shall be the responsibility

of the Hearing Officer,

as

 a representative of the Board,

to

bring together all the Parties within

the

 particular

 region.

The Hearing Officer shall have all such powers

 as are granted

to hearing officers under Part II of the Procedural Rules and

Regulations of

 the Board.

(a)

 Upon appointment,

 the Hearing Officer shall notify

all Parties within the

 region,

 the Environmental

Protection Agency,

and

 the Northeastern Illinois

Planning Commission of his intent to hold public

hearings on

 the implementation of this Part.

(b)

 Within thirty

 (30) days of the effective date of

this Part,

 the Hearing Officer shall schedule an

informal mee~ingwith all Parties within the

particular

 region.

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Cc)

 The Hearing Officer shall schedule such sub-

sequent

pre—hearing

conferences,

meetings,

and

public

 hearings

 as may be necessary

 to the prep-

aration of

 a Regional Plan for

 the particular

region.

1105

 Submission of Regional Plan.

 On or before April

1,

 1972,

all

Parties within

 a particular region shall file with

 the Environ-

mental Protection Agency and with

 the Hearing Officer for that

region

 a “Regional Plan”

for

 the regionalization of sewage

treatment facilities within that region.

 The Parties may sub-

mit the Regional Plan either jointly or individually.

All

Parties shall attempt to structure

 the Regional Plan

 in sub-

stantial accordance with the Regional Wastewater Plan approved

by the Northeastern Illinois Planning Commission, October

21,

1971.

1106

 Content of

Regional

Plan.

The

Regional

Plan

submitted

under Section 1105 shall provide

 the following:

(a)

 A “phase-in, phase-out” schedule

 for each of

the plants which,

 inter alia,

 shall take

 into

account the technical feasibility and economic

reasonableness of continuing service at each of

the affected plants;

(b)

 A description of the location, capacity,

 treat-

ment facilities,

 cost,

 and service

 area

 ~or the

proposed plant(s)

 that is

 (are)

 to accept and

treat the sewage from the geographical

 area in-

volved;

(c)

 A firm commitment by one or more responsible

governmental

 agencies

 to construct

 and operate

the

proposed plants,

 together with

 a firm sched-

ule

 for design,

 award of contracts, commencement

of construction,

 full operation,

 and abandonment

of obsolete plants;

Cd)

 A firm commitment by one

 or more responsible

governmental agencies

 to construct and maintain

any interceptor sewers made necessary by the

Regional Plan;

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395

Ce)

 A firm commitment by the affected governmental

agencies

 for the financing of the necessary

facilities,

 through taxation, user charges,

revenue and general obligation bonds, special

assessment, connection charges,

 loans,

 grants,

contracts,

 or otherwise;

(f)

 An attorney~sopinion affirming and explaining

the authority of the responsible governmental

agencies to carry out their undertaking as des-

cribed;

(g)

 Assurance that the ~1an conforms with Rule

1105

of this Chapter and with all applicable regula-

tions respecting air and water pollution and

the disposal of solid waste;

(h)

 Assurance as

 to what interim measures will be

provided regarding sewage treatment, includ-

ing water quality standards;

Ci)

 Assurances that

 such

 a Plan

 is consistent with

County and regional comprehensive growth and

land-use planning.

1107

Recommendations

Hearing

Officer.

(a)

 Upon receipt of

 the Regional Plan,

 the Hearing

Officer shall schedule such further hearings as

may be necessary in order

 for him to formulate

his recommendations

 to the Board under this

Chapter.

(b)

 By July

 1972,

 the Hearing Officer in each

region shall submit to

 the Board his recommen-

dations

as

 to how the Board should implement the

regional concept in the particular region.

The

Hearing Officer~s recommendation shall:

(1)

 Detail

 the phasing out of plants;

(2)

 designate plants as either

 interim,

remote or regional facilities;

(3)

 designate

 the governmental

 agency(s)

which will assume responsibility

for

sewage treatment;

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396

(4)

 evaluate the need for extensions

to

interceptor sewer lines before region-

alization can be realized;

(5)

 list facilities which must be construc-

ted or expanded,

and

 to what capacity

at what time,

 and;

(6)

 state

 any additional findings of facts

or conclusions of law which may be neces-

sary for the Board to evaluate the Regional

Plans

 and recommendations

 of the Hearing

Officer,

and

make

decision

regarding

the program to be adopted for any one

region, under Section

 1108, herein.

Cc)

formulating

 his recommendations

 to the Board,

the

Hearing Officer shall consider:

(1)

 The economic reasonableness and tech-

nical feasibility of the various regional

alternatives;

(2)

 the assurances of service offered by

the

Parties,

 including their willingness

to

assume

 a greater responsibility for

sewage

 treatment;

(3)

 the need for future service

 in areas

presently unsewered;

(4)

 the need for continued service by smaller

plants in areas remote from regional treat-

ment facilities.

(d)

transcript

the

proceedings

and

the

original

exhibits

shall be transmitted to the Board.

1108

 Issuance of Regional Program.

 After receipt of the recommenda-

tions from the Hearing Officer,

 the Board shall issue

 a Regional

Program for each of the

 nine regions, which Program shall pro-

vide specific findings as to each region as to how regionaliza-

tion will be accomplished.

 This Regional Program, inter

 alia,

shall include the following:

(a)

 Designate those plants to remain in service,

to

be constructed,

 or expanded as regicnal plants

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397

and those plants

 to be designated

 as interim

facilities, with specific “phase-in,

 phase-out”

dates

where

applicable;

(b)

 Designate

 in each of the nine regions the govern-

mental

 agency(s)

 responsible for sewage treatment;

Cc)

 Delineate areas of future growth within DuPage

County, making provision

 for regional sewage

treatment plant expansion when necessary;

(d)

 Provide for

 a sufficient transport system under

the control of

 a responsible governmental

 agency

in order

 to carry sewage to the regional treat-

ment plant;

Ce)

 Evaluate the ability of each regional sewage

treatment plant to handle its present and pro-

jected capacity consonant with predicted growth

patterns within DuPage Cou~pty;

(f)

 Provide that presently unserviced areas are

 guaranteed service on

 a reasonable cost basis

and without

 the imposition of unreasonable

conditions before hookup is allowed.

1109

 Publication by the Board.

 Upon

 the issuance of

 a regional

program by the Board,

 it shall give public notice

 in accord-

ance with Board Procedural Rules 211 and 212.

1110

 Public Notice.

 All proceedings held under this Part shall

be public.

 Public notice shall be given of all proceedings

in accordance with Board Procedural Rule

 205.

1111

 Unserviced Areas.

 The Hearing Officer and the Environmental

Protection Agency shall assure that those areas presently

unserviced by

 any sewers or sewage treatment facility have

their interests fully considered

 in these proceedings.

1112

 The Role of the Agency.

 The Environmental Protection Agency

shall participate

 in each of the proceedings

 in the nine

regions.

 ~‘ithin thirty

 (30)days of the filing of a Regional

Plan by Parties,

 the Agency shall file

 a stated written recom-

mendation for each region and for each treatment plant.

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398

1113

 Future Construction.

 No permit shall be granted for

the

construction or operation of any additional sewage treat-

ment plant in DuPage County, except for interim facilities

in the event of a demonstrated emergency,

 that does not

conform with the principles of the Regional Program des-

cribed in Section 1108 of this Chapter,

 or that

 is of capac-

ity so small as to create

 an insignificant risk of inade-

quate treatment,

 according

to

 the policies expressed in

Rule

 1101 of this Chapter.

1114

 Other Regulations

 Preserved.

 Nothing

 in this Part shall

relieve any person

 from the obligation

 to comply in all

respects with

 any existing or future regulations, includ-

ing but not limited to the water quality standards and

implementation plan for streams in

 DuPacie County.

I, Christan

 L. Moffett, Clerk of the Pollution Control Board,

certify that the Board adopted the above Order this

‘.

 day of

January,

 1972, by

 a vote of

.1

:~:

:‘~

Christan

 L. Moffett,

Clerk of the Board

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