ILLINOIS POLLUTION CONTROL BOARD
    March
    1,
    1979
    VILLAGE OF WOODLAWN,
    Petitioner,
    v.
    )
    PCB 78—288
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER
    OF
    THE BOARD
    (by Mr. Dumelle):
    Petitioner has requested a variance from Rules 1201,
    1202,
    and 1203 of Chapter
    3:
    Water Pollution.
    These rules
    state that
    all wastewater treatment works which require permits must be
    operated by persons who have received the proper Agency
    certification.
    Petitioner~spresent operator has a Class
    4
    Certificate,
    and a Class
    3 Certificate is needed.
    Petitioner
    claims that
    it has not been able to obtain a Class
    3 operator in
    the vicinity.
    If
    it had to go outside the surrounding counties
    to obtain an operator,
    it would incur additional expense.
    Petitioner feels that this expense would result in an increase in
    the present
    user charge because a higher salary would have to be
    paid.
    Petitioner is asking that the time period be waived
    so
    that
    its present operator, Mr. Wilbur Dixon,
    President of the
    Village
    Board of Trustees,
    be allowed to take the Class
    3
    examination immediately.
    Petitioner’s sewage treatment plant is
    a package unit which provides secondary treatment through contact
    aeration, clarification,
    reaeration,
    and aerobic digestion.
    Tertiary treatment consists of filtration and chlorination.
    The
    plant was designed to treat an average of up to 35,000 gallons
    per day with
    an
    effluent
    of
    10 mg/l BOD,
    12 mg/l
    suspended
    solids,
    1.5 mg/I ammonia nitrogen, 6.0 rng/l dissolved oxygen,
    and
    1.0 mg/I phosphorus.
    The Agency has recommended that
    a
    variance be granted until
    August
    1,
    1980 or until
    Mr. Dixon receives a Class
    3 certificate,
    whichever occurs first,
    Agency rules promulgated pursuant to
    Rule
    1204 of Chapter
    3 require
    a
    Class
    3
    operator for activated
    sludge
    facilities designed to serve
    a population between
    300 and
    2500.
    Since
    Petitioner~splant
    is designed to treat
    412
    population equivalents,
    it falls into this category.
    The Agency
    feels that
    Mr. Dixon is providing skillful and consistent
    operation.
    From December,
    1977 until May, 1978 the plant did not
    comply
    with all
    of
    its effluent standards,
    but
    it has improved.
    33—39
    —2—
    Neither the Agency nor Petitioner has stated how much
    additional expense would be incurred if an outside operator were
    retained,
    In any event, the additional cost would constitute
    arbitrary
    or unreasonable hard—ship since Mr. Dixon
    is doing a
    good job and will take the Class
    3 examination as soon as he has
    had enough experience,
    The Board sees no reason to grant relief
    from Rules 1202 and 1203.
    A variance from Rule 1201 will allow
    Mr. Dixon
    to
    continue
    as the operator until
    he is eligible to
    take
    the examination,
    The
    variance shall run until August
    1,
    1980 because Mr.
    Dixon will be eligible to take
    the examination
    in June,
    1980.
    If
    he fails the test, Petitioner will have enough
    time to hire a Class
    3 operator or seek additional
    relief.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It
    is the Order of the Pollution Control Board that
    Petitioner be granted a variance from Rule 1201 of Chapter
    3:
    Water Pollution of the Board’s Rules and Regulations until August
    1,
    1980 or until Petitioner obtains the services of a Class
    3
    operator, whichever occurs first,
    subject to the following
    conditions:
    1)
    Petitioner’s current operator shall take the
    Class
    3 examination at the earliest date of
    his eligibility.
    2)
    Petitioner shall continue to provide the proper
    operation and maintenance of its existing waste—
    water treatment facilities.
    3)
    Within 45 days of the date of this Order,
    Petitioner
    shall execute and forward to the Illinois Environmental
    Protection Agency, Variance Section,
    2200 Churchill
    Road, Springfield, Illinois 62706
    a Certification
    of Acceptance and Agreement to be bound to all
    the
    terms and conditions of this variance.
    This
    45
    day period shall be held in abeyance during any
    period this matter is appealed.
    The form of the
    33—40
    —3—
    Certification shall be as follows:
    CERTIFICATION
    I
    (We)
    ,
    having read
    and fully understanding the Order in PCB 78—288, hereby accept
    that Order and agree to be bound by all of its terms and conditions.
    SIGNED __________________________________
    TITLE ___________________________________
    DATE ____________________________________
    Mr. Goodman abstains,
    I, Christan L, Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereby certify the above Opini n and Order were
    adopted on the
    )5’~
    day of
    _________________,
    1979
    by a vote of
    ~
    -~
    /—.
    Christan L. Moffe
    ,i
    lerk
    Illinois Pollutio
    ntrol Board
    33—41

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