ILLINOIS POLLUTION CONTROL BOARD
    October
    2,
    1980
    CITY OF HERRIN,
    Petitioner,
    v.
    )
    PCB
    80—145
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by N.E.Werner):
    This matter comes before the Board on a Petition for Variance
    filed on August
    8,
    1980 by the City of Herrin
    (the “City”) which
    requested a variance from Rule 1201 of Chapter
    3:
    Water Pollution
    ContrQl Regulations
    (“Chapter
    3”) to allow its currently certified
    Class
    3 wastewater treatment plant operator the time necessary to
    obtain proper certification (i.e., obtain a Class
    2 certification).
    On August
    15,
    1980,
    the Illinois Environmental Protection Agency
    (“Agency”)
    filed a t’lotion to Consolidate two pending variance
    proceedings involving the City.
    On August
    18,
    1980,
    the City of
    Herrjn filed
    its Consent to the Motion to Consolidate Variance
    Proceedings in PCB 80—145 and PCB
    80—146.
    However, the Agency
    (in
    accord with the Petitioner)
    subsequently sent in a letter withdraw-
    ing its motion to consolidate which was received by the Board on
    September
    3,
    ~980.
    On September
    4,
    1980,
    the Board entered an
    Order which held this matter for the Agency’s Recommendation.
    On
    September 10,
    1980, the Agency filed its Recommendation which
    recommended that the Variance be granted,
    subject to various
    conditions.
    The City of Herrin has waived its right to a hearing,
    and no hearing has been held.
    The City of Herrin
    (the “City”) owns and operates a wastewater
    treatment facility
    (the “facility” or “plant”) in Williamson County,
    Illinois which serves about 10,000 individuals.
    (Rec.
    1).
    The
    Petitioner’s plant includes “an aerated grit chamber,
    influent
    pumps, primary settling tanks,
    a trickling filter,
    secondary
    settling tanks,
    effluent chlorination facilities,
    an anaerobic
    digester and sludge drying beds.”
    (Pet.
    2).
    This facility, which
    has a design capacity of 1.2 million gallons per day or 12,000
    population equivalents, discharges wastewater into an unnamed ditch
    which is a tributary to the Big Muddy River.
    At the present time,
    Mr. Monty Cooper,
    a certified Class
    3
    operator,
    is supervising the operations of the Petitioner’s
    facilities.
    Mr. Cooper started working at the plant in May of 1977
    —2
    and has been the supervisor for the last two years.
    A part—time
    certified Class
    4 operator now helps Mr. Cooper with the required
    work load of the wastewater treatment plant and four lift stations.
    (Rec.
    2).
    However, the Agency believes that the City’s facilities are
    presently understaffed.
    (Rec.
    2—3).
    The Petitioner’s discharge
    monitoring reports and Agency grab samples have indicated various
    violations of the effluent discharge limitations of its NPDES
    Permit No.
    IL 0029165 pertaining to 130D5 and suspended solids.
    (Rec.
    2—3).
    The City is seeking this variance from the Board’s Water
    Pollution Regulations in order to allow Mr. Cooper to continue as
    the supervising operator of the City’s facilities
    until he
    completes the necessary requirements which will enable him to take
    the Class
    2 certified operator test.
    (Rec.
    2).
    It is expected
    that Mr. Cooper will be eligible to take the Class
    2 examination
    during the latter months of 1980.
    (Rec.
    2).
    In its variance petition, the City states that:
    “The present operator,
    Mr. Cooper,
    is capable and
    is
    willing to operate the treatment facility for a salary that
    is within the City’s operating budget.
    If the City must hire
    an operator from outside the City,
    an increase in the user
    charges to the customers would be necessary to pay the increase
    salary of the operator.
    Further,
    under the City of Herrin’s
    agreement with the union representing the City employees,
    it
    would be required to keep the present wastewater treatment
    facility operators on the payroll.
    This would create a ‘surplus
    of operators, and put an additional financial burden on the
    City’s sewer department.
    All of the present wastewater treatment plant operators
    are certified wastewater treatment plant operators.
    The City
    has encouraged the operators to become certified and has seen
    that they take the certification exams for the next higher
    level when they become eligible.
    Hiring an operator from
    outside the City work force to assume operating control of the
    treatment facility could discourage these operators from
    continuing their efforts to obtain higher levels of
    certification.”
    (Pet.
    2—3).
    In its recommendation, the Agency indicated that it has worked
    with Mr. Cooper in the past and finds that he is
    a “competent
    operator” who is
    “capable of operating the plant” during the period
    of this variance until he becomes a certified Class
    2 operator.
    (Rec.
    2—4).
    However, the Agency has recommended that “additional
    manpower should be provided at the wastewater treatment plant.”
    (Rec,
    3),.
    —3—
    After evaluating all the facts and circumstances of this case,
    the Board finds that the denial of this Variance would constitute
    an arbitrary and unreasonable hardship upon the Petitioner.
    Accordingly, the Board will grant the requested variance, subject
    to various conditions which are delineated in the Board’s Order.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    The Petitioner, the City of Herrin,
    is hereby granted a
    variance from Rule 1201 of Chapter
    3:
    Water Pollution Control
    Regulations, subject to the following conditions:
    1.
    This variance shall terminate after
    a period of
    9 months,
    or upon Mr. Cooper terminating his employment at the City’s
    wastewater treatment plant, or upon Mr. Cooper becoming a
    properly certified Class
    2 wastewater treatment plant operator,
    whichever occurs first.
    2.
    The Petitioner shall provide additional operating personnel
    to operate the present wastewater treatment facility and lift
    stations under the best practicable operation and maintenance
    practices.
    3.
    Within 60 days of the date of this Order~the Petitioner
    shall report to the Agency the names of additional personnel
    and the number of hours for each operator who is operating
    and maintaining the City’s wastewater treatment plant and the
    lift stations.
    4.
    Within forty—five
    (45) days of the date of this Order, the
    Petitioner
    shall submit to the Variance Unit, Department of
    Water Pollution Control,
    Illinois Environmental Protection
    Agency,
    2200 Churchill Road,
    Springfield, Illinois 62706,
    an
    executed Certification of Acceptance to be bound to all terms
    and conditions of the variance.
    This
    45 day period shall be
    held in abeyance for any period this matter
    is being appealed.
    The form of this certification shall be as follows:
    —4—
    CERTIFICATION
    I,
    (We),
    —~_________
    ______________________ having read
    the Order of the Illinois Pollution Control Board in PCB 80—145,
    understand and accept said Order, realizing that such acceptance
    renders all terms and conditions thereto binding and enforceable.
    IT IS SO ORDERED.
    SIGNED
    TITLE
    DATE
    Chairman Dumelle concurs.
    Mr. Goodman abstains.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, herepx certify th4
    tAhe above Opinion and Order were,adopted
    on the
    ~
    day of
    ~
    1980 by a vote of
    ~Ib
    Christan L. Mof e
    ierk
    Illinois Pollution
    ontrol Board

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