ILLINOIS POLLUTION CONTROL

BOARD

August

7,

1980

CITY

OF

MENDOTA,

)

Petitioner,

v.

)

PCB 80—94

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

OPINION

AND

ORDER OF THE BOARD

(by J.D.

Dumelle):

Petitioner, City

of Mendota

(City),

filed a Petition

for Variance on May

5,

1980,

requesting relief from Rule

1201 of Chapter

3:

Water Pollution, which requires supervision

of the City’s sewage treatment plant by

a certified Class

I

operator.

The

Illinois Environmental Protection Agency

(Agency)

filed

its

recommendation

that

the

variance

be

granted

on

June

6,

1980.

Hearing,

initially requested, was properly

waived after that recommendation.

City’s Sewage Treatment Plant

(STP) was upgraded to a

Class A plant on April

1,

1980,

therefore necessitating the

supervision

of

a

Class

I

operator.

The

plant

is

currently

supervised

by

a

Class

II

operator.

City states that it has been unable to secure a Class

I

operator because of the short supply of qualified persons

and a current lack of municipal funds to offer a reasonable

salary.

However,

City

further

states

that

these

problems

should

be

overcome

within

a

year,

and

that

if

a

variance

is

not

granted,

the

subsequent

closing

of

the

STP

would

harm

its

citizens.

The

Agency

recommends

a

variance

grant.

The

Board

does

not

agree

that

denial

of

a

variance

would

cause

a

STP

shutdown.

While

no financial facts are given,

the Board will grant the

variance.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

City of Mendota’s Petition for Variance from Rule 1201

of Chapter

3:

Water Pollution,

is hereby granted subject to

the following conditions:

---

—2—

1.

The

variance

shall

be

granted

until

July

30,

1981,

or

until

employment

of

a

Class

I

operator

is

obtained,

whichever

occurs

first;

and

2.

Petitioner

shall

continue

cooperating

with

the

Illinois

Environmental

Protection

Agency

in

order

to

achieve

proper

operation

and

maintenance

for

compliance

with

Chapter

3

and

its

NPDES

permit.

3.

Petitioner shall report quarterly to Illinois

Environmental Protection Agency on progress.

CERTIFICATION

The City of Mendota,

Petitioner, hereby accepts and agrees

to be bound by all of the terms and conditions applicable

to it in the Order of the Pollution Control Board in PCB 80—94,

dated August

7,

1980.

IT

IS SO ORDERED.

I,

Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board, hereb~ycertify the the abo e Opinion and Order

was adopted on the

7+

day of

____________,

1980 by a vote

of

.‘~

Christan L. M

~t,

Clerk

Illinois Pollution Control Board