ILLINOIS POLLUTION CONTROL BOARD
    July
    9,
    1981
    VILLAGE
    OF ALGONQUIN,
    Petitioner,
    v,
    )
    PCB 81—46
    ILLINOIS
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before the Board on the petition for
    variance of the Village of Algonquin (Village)
    filed March
    23,
    1981 as amended April
    10 and May 18,
    1981.
    The Village seeks
    variance from the sewage treatment plant operator certification
    requirements of Rule 1201 of Chapter
    3:
    Water Pollution.
    On
    June 19,
    1981 the Illinois Environmental Protection Agency
    (Agency) filed its Recommendation in support of grant of variance.
    Hearing was waived and none has been held.
    The Village of Algonquin,
    located in McHenry and Kane Counties,
    owns and operates a wastewater treatment plant serving approximately
    4,000 persons.
    Since June,
    1980, this plant has been operated
    by
    Mr.
    Thomas Saltzmann,
    a certified Class
    3 operator.
    While the
    Village alleged that its facility must be supervised by a Class
    2
    operator, the Agency
    stated that the Village’s plant is
    a Group A
    facility, thus requiring the supervision of
    a Class
    1 operator.
    Prior to hiring Mr.
    Saltzmann, the Village has unsuccessfully
    searched for a certified Class
    2 operator:
    it is to be assumed
    that a search for a Class
    1 operator would be equally
    fruitless.
    The Village therefore seeks variance in order
    to allow time for
    Mr. Saltzmann to become properly certified to operate its plant,
    alleging that he has shown himself capable of operating the plant
    in an environmentally proper manner.
    The Agency agrees that the plant has been well run in the
    past year and that its effluent has not exceeded the limits
    established in its NPDES permit,
    although the Agency notes that
    Mr.
    Saltzmann has experienced some problems in completing the
    required Discharge Monitoring Reports
    (DMR).
    Under current
    Agency certification procedures,
    the Agency calculates that
    Mr.
    Saltzmann would be qualified to take the Class
    1 operator
    examination in three years.
    The Agency further advises, however,
    that it is in the process of revising its certification require-
    ments and procedures, which revisions will go into effect in
    43—26
    2
    approximately six months.
    According to the proposed revised
    procedures,
    Mr. Saltzmann could qualify to take the Class
    1
    examination within six months.
    The Agency therefore recommends
    grant of variance until March
    31,
    1982,
    provided that one of the
    conditions for variance
    is that Mr. Saltzmann seek assistance
    fror’~
    the Agency concerning proper preparation of DMR5.
    The Board finds that it would be arbitrary or unreasonable
    to require the Village to expend the funds necessary to search for
    and retain the services of a Class
    1 operator
    (assuming one could
    be
    located),
    since its plant is currently being operated in an
    environmentally
    sound
    fashion.
    Variance,
    subject
    to
    the
    suggesle~
    conditions,
    will accordingly be granted for a one year period,
    to
    allow additional time in the event of delay
    in implementation of
    the Agency’s proposed certification requirements revisions.
    This Opinion constitutes the Board’s findings of fact and
    conclusions
    of law
    in this matter.
    ORDER
    1.
    The Village of Algonquin is granted a variance from Rule
    1201 of Chapter
    3:
    Water Pollution Rules and Regulations for a
    period to terminate July
    9,
    1982 under the following conditions:
    a)
    If Thomas Saltzmann is properly certified by the
    Agency
    as a Class
    1 operator before July
    9,
    1982,
    this
    variance shall terminate at such earlier time.
    b)
    If Thomas Saltzmann terminates his employment as
    operator of the Village’s wastewater treatment plant
    before July
    9,
    1982,
    this variance shall terminate at
    such earlier time.
    c)
    The Village’s wastewater treatment plant shall he
    operated according to the best practicable operation
    and maintenance procedures for the facility.
    d)
    Within 30 days of the date of this Order, Thomas
    Saltzmann shall make an appointment with an Agency
    employee
    in the Field Operations Section Office to
    receive instruction concerning the proper preparation
    of Discharge Monitoring Reports.
    2.
    Within 45 days of the date of this Order,
    the Village of
    Algonquin shall execute and forward to the Illinois Environmental
    Protection Agency, Division of Water Pollution Control, Variance
    Unit,
    2200 Churchill Road, Springfield,
    IL
    62706,
    a Certification
    of Acceptance and Agreement to be bound to all terms and conditionq
    of this variance,
    This forty—five day period shall be held in
    abeyance for any period this matter is being appealed.
    The form
    of the certificate shall be as follows:
    43—27
    3
    CERTIFICATION
    I,
    (We),
    ,
    having read
    the Order of the Illinois Pollution Cotnrol Board in PCB 81—46
    dated ____________________________, understand and accept the said
    conditions thereto binding and enforceable.
    Petitioner
    By:
    Authorized Agent
    Title
    Date
    IT
    IS SO ORDERED.
    Mr. Anderson abstained.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify
    that the above Opinion and Order
    was adopted on the
    ‘/
    ~
    day of
    ___
    ________,
    1981 by a vote
    ~
    (/
    /
    ~
    L~K,’~
    Christan L. Motte~t,’Clerk
    —
    Illinois Pollutio~(ControlBoard
    43—28

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