ILLINOIS POLLUTION CONTROL BOARD
June 29, 1984
V:ELLAGE OF GERMAN VALLEY,
)
Petitioner,
v.
)
PCB 84—27
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by J. Marlin):
This matter comes before the Board upon a petition for
variance filed by the Village of German Valley (Village) on
February
29, 1984.
The petition requests variance from 35
Ill. Adm. Code 312.101
for a period of one year to allow
a
Class
3 certified operator to operate the Village’s waste—
water treatment plant
(WWTP) which requires a Class
2
operator.
Hearing was waived and none was held.
The
Illinois
Environmental Protection Agency (Agency) filed its recom-
mendation on May 17,
1984 that the variance be granted for a
period of one year,
subject to one condition.
The prior
variance expired on August 19,
1983.
The Village owns and operates a WWTP which serves approxi-
mately 320 people and consists of a lift station, bar screen,
comminuter, contact stabilization activated sludge,
disinfection,
polishing pond and sludge
lagoon.
Design average flow is 0.04
MGD.
Discharge is to the Northeast Branch of Mud Creek, a
tributary of Leaf Creek and the Rock River, pursuant to NPDES
Permit No.
IL002482l.
This variance is requested to allow the present operator,
Mr.
Ross, to continue operating the WWTP until such time as
he
can obtain Class
2 certification.
Mr. Ross had no experience
in
WWTP operation prior to being hired by the Village in Decem-
ber,
1979.
As
of. May 1, 1984 he needed 11 months additional
experience to qualify for the Class
2 examination.
He has
already completed the necessary course work.
The prior variance was granted for only one rather than
three years because of the lack of experience of Mr. Ross in
the
wastewater treatment area.
The WWTP’s operating record
during the prior variance period has been good.
The deficien-
cies during the prior variance period appear to have been cor-
rected except for the freezing up of the treatment units during
extremely cold weather.
As with the prior variance proceeding,
58-469
2
to retain a properly certified operator remains at $240/week
with no offsetting environmental benefit.
The Agency would like the variance to be granted until
May 1,
1985 or until Mr. Ross
is certified as a Class
2 oper-
ator, whichever occurs
first, all subject to the following
condition:
that the Village construct and install wooden covers
for its treatment units or replace its surface aerators with
subsurface diffused aerators on or before December
1, 1984.
Given the satisfactory performance by Mr. Ross and the
Village’s WWTP, the cost savings to the Village and the minimal
environmental benefit of employing a Class
2 operator immediately,
the Board concludes that denial of the variance would impose
an arbitrary or unreasonable hardship.
Therefore, the Board
grants the Village of German Valley an extension of the prior
variance until May 1,
1985 or until Mr.
Ross is certified as
a Class
2 operator, whichever occurs first, subject to the
conditions of this Order.
In the prior proceeding a general condition was inserted:
tihe
Village shall operate its WWTP under
the best practicable operation and maintenance
practices,
including,
but not limited to,
proper testing procedures
for BOD, minimization
of water freeze-up,
recording facility operating
data, performing composite sampling, and
maintaining lagoon berms.
In the prior proceeding this condition was reasonably related
to the variance request from the operator certification rules
because the
enumerated
factors were part of the duties ~f the
operator.
In the present proceeding, the condition that the Agency
requests the Board
to impose involves WWTP capital improvements
which would be more properly addressed in a different proceeding.
The
Board will not include subsurface aerators or wooden covers
as
a condition.
It strongly suggests, however, that one or
the other be employed.
The improvement(s) would lessen or
eliminate freeze—ups of the treatment units and thereby improve
effluent quality.
This Opinion constitutes the Board~sfindings of fact
and conclusions of law in this matter.
ORDER
The Village of German Valley is hereby granted variance
from 35 Ill, Adm. Code 312,101 until May 1,
1985 or until Mr.
Ross
is certified as a Class
2 operator, whichever occurs
first, subject to the following conditions:
58-470
3
1.
The Village shall operate its WWTP under the best
practicable operation and maintenance practices, including,
but not limited to, minimization of water freeze—ups.
2.
within forty-five days of the date of this Order,
the Village shall execute and forward to the Illinois
Environmental Protection Agency, Air Pollution Control
Division,
2200 Churchill Road, Springfield, Illinois
62706,
a Certificate of Acceptance and Agreement to be bound to all
terms and conditions 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:
CERTIFICATE
I,
(We),
having read
the Order of the Illinois Pollution Control Board in PCB 84-27
dated
______________,
understand and accept the said conditions
thereto binding and enforceable.
Petitioner
By:
Authorized Agent
Title
Date
IT IS SO ORDERED.
I,
Dorothy M. Gunn,
Clerk of the Illinois Pollution
Control Board, hereby certify that the above Opinion and Order
was adopted on the
~?~-
day of
___________-,
1984 by a vote
of
____________
Dorothy M. ~unn, Clerk
Illinois Pollution Control Board
58-471