ILLINOIS POLLUTION CONTROL BOARD
    May
    14,
    1981
    CITY OF WOODSTOCK,
    Petitioner,
    V.
    )
    PCB 81—45
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    On March 23,
    1981 the City of Woodstock (City)
    filed a
    petition for variance from Rule 1201 of Chapter 3:
    Water
    Pollution.
    On April
    9,
    1981 the City waived hearing, and on
    April
    24, 1981 the Illinois Environmental Protection Agency
    (Agency)
    filed
    a recommendation that the variance be granted
    subject to certain conditions.
    No hearing was held.
    The City owns and operates the Northside Sewer Treatment
    Plant which is an activated sludge treatment plant serving
    approximately 10,000 persons with a design average flow of
    3.5 million gallons per day.
    It is thus a Group A facility
    requiring
    a Class
    1 operator.
    The present operator, Mr. Gaylord
    Stebbins,
    is presently a Class
    2 operator who is currently
    taking college courses in mathematics in order to take the
    Class
    1 operator’s certification examination.
    Mr. Stebbins
    will allegedly complete his coursework by June
    1,
    1981 and
    is scheduled to take his certification exam on July
    7,
    1981.
    The Board
    finds that Mr. Stebbins has done an adequate
    job of operating the plant and that it would therefore impose
    an arbitrary and unreasonable hardship upon the City to immediately
    hire a Class
    1 operator.
    Normally, in a case such as this,
    the Board would not hesitate
    to grant variance.
    There is,
    however, one troubling aspect of
    this request.
    The City filed for a similar variance on February
    6,
    1979
    which was dismissed by the Board on April
    26,
    1979 for failure
    to amend the petition to cure procedural defects.
    This delay has
    not been explained and the Board must note that the City has been
    dilatory in achieving compliance with Rule 1201.
    In the future,
    the City should be more diligent in complying with Board rules.
    However, the Board will grant the variance.
    LL
    1
    —
    L
    33
    —2—
    This Opinion constitutes the Board’s findings of fact
    and conclusions of
    law in this matter.
    ORDER
    The City of Woodstock
    is hereby granted a variance from
    Rule 1201 of Chapter
    3 until October
    1,
    1981,
    or until Mr.
    Stebbins becomes properly certified, whichever occurs first,
    subject to the following conditions:
    1.
    In the event Mr.
    Stebbins’
    employment terminates
    prior to October
    1,
    1981, the variance shall expire
    at the time of termination and the City shall immediately
    obtain the services of a Class
    1 operator.
    2.
    The City shall operate its wastewater treatment plant
    utilizing the best practicable operation and maintenance
    practices.
    3.
    Mr. Stebbins
    shall take the Class
    1 examination
    on or before July
    7,
    1981.
    4.
    Within 45 days of the date of this Order, the City
    shall execute and forward to the Illinois Environmental
    Protection Agency, Division of Water Pollution Control,
    Compliance Assurance Section,
    2200 Churchill Road,
    Springfield,
    Illinois 62706,
    a Certification of
    Acceptance and Agreement
    to be bound by all conditions
    of this Variance.
    This forty—five day period shall
    be stayed if the City seeks judicial review of
    this Variance.
    The form of said Certification shall
    be as follows:
    CERTIFICATIOt’1
    I,
    ________________________________________,
    having read
    the Order of the Illinois Pollution Control Board
    in PCB 81—45,
    dated
    ,
    understand and accept
    the Order and agree to be bound by all
    of its terms and conditions.
    _____________________________________
    Petitioner
    _____________________________________,
    Authorized Agent
    ______________________________________
    Title
    _______________________________________,
    Date
    IT
    IS
    SO
    ORDERED.
    4 1—
    t~
    3
    !~
    I,
    Chri~•~t~n
    L.
    M~~tu~t~
    (‘)~rk
    of
    the
    Illinois
    Pollution
    Control
    Bo~:cd~hr~y
    ~t::?lly
    thdt
    th~
    above
    Opinion
    and
    Order
    w~’~
    ~do~
    tt
    ~I on
    U
    /
    1
    _________
    1981
    by
    a
    vote
    of
    ~
    Christan
    L.
    Moffe~tq Clerk
    Illinois Pollutiontontrol
    Board
    /41~35

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