ILLINOIS POLLUTION CONTROL BOARD

October 17,

1980

VILLAGE OF ASHTON,

)

Petitioner,

v.

)

PCB 80—135

)

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by J.D.

Durnelle):

On September 2,

1980, the Village of Ashton (Village)

filed

an amended Petition for Variance from Rule 1201 of the Pollution

Control Board’s Rules and Regulations, Chapter

3: Water Pollution

(Rule 1201).

On September 5,

1980,

the Environmental Protection

Agency

(Agency)

filed its recommendation to grant the Petition,

subject to conditions.

The Village owns and operates a sewage treatment plant

(STP) that serves approximately 1,200 people.

Due to upgrading

of the STP in October,

1979, and the adoption of new Agency

guidelines for Certification of Operators of Wastewater Treatment

Works, effective April

1,

1980,

the STP is required to be

supervised by a Certified Class

2 operator.

Its present operator,

Glenn Jones,

is certified Class

4.

Mr.

Jones was hired by the Village as assistant plant

operator in December,

1978, and promoted to Plant Superintendent

in December,

1979.

He received his Class

4 certification in

June,

1980.

The Agency,

after reviewing Discharge Monitoring Reports

during Mr. Jones’

supervision of the STP concluded that he

has handled it effectively.

His competence is supported by

the Agency’s Operator Certification Unit and the Agency’s

Field Operation Section Region

1 office.

The Village proposes that Mr. Jones should be retained

as the operator, since the least expensive compliance alternative

(releasing

Mr. Jones and hiring a Certified Class

2 operator)

would create an arbitrary and unreasonable hardship by causing

user rates to increase from $8.38 to $10.35 per month.

The Village proposed a time—table for compliance which

is based upon Mr.

Jones attaining a Class

3 certification

---

—2—

in the fall of 1981

and

Class 2 status in the fall of 1982.

It also alleges that there would be no adverse environmental

impact

in

that

the

8Th

has

been

operated

within

NPDES

permit

limitations

and

is expected to continue to do so.

The

Agency

found

the

compliance

schedule

reasonable

and the risk of environmental harm to

be

minimal.

the

Board

finds that compliance with Rule 1201 would

impose

an

arbitrary

and

unreasonable

hardship

upon

the

Village,

and that

a

variance

grant

will

not

adversely

affect

the

environment.

Therefore,

that

variance

should

be

granted

subject

to

conditions

in

accordance

with

the

compliance

proposal.

The

Board

notes

that

a

purported

certification

was

filed

prematurely

by

the

Village

on

October

2,

1980

(apparently

due

to

a

misunderstanding

of

the

wording

of

the

Agency’ s

Recommendation).

However,

another

certification

must

be

submitted

to

the

Agency

after

the

date

of

this

Order.

This

Opinion

constitutes

the

findings

of

fact

and

conclusions

of law of the Board in this matter.

ORDER

The

Village

of

Ashton

is

hereby

granted

a

variance

from

Rule

1201

of

chapter

3:

Water

Iollution,

subject

to

following

conditions:

1.

The

variance

will

extend

until

July

1,

1983,

or

until

Mr.

Glenn

Jones

obtains

proper

Class

2

certification,

or

until

he

terminates

his

present

employment,

whichever

occurs

first;

2

•

The

Vil lage

of

Ashton

shall

submit

semi-annual

reports

to

the

Agency

concerning

Mr.

Jones’

progress

toward

class

2

certification;

3.

The

Village

of

Ashton

shall

operate

its

treatment

plant

under

the

best

practicable

operation

maintenance

practices;

and

4.

Within

45

days

of

the

date

of

this

Order,

Petitioner

shall

execute

a

certificate

of

Acceptance

and

agreement

to

be

bound

by

the

terms

and

conditions

of

this

variance.

The

certificate

shall

be

forwarded

to

the

Illinois

Environmental

Protection

Agency,

Division

of

Water

Pollution

control,

Variance

Unit,

2200

churchill

Road,

Springfield,

Illinois,

62706,

and

shall

read

as

follows:

---

—3—

çERTIF ICATION

The Village of Ashton, having read and fully understanding

the October 17,

1980, Order of the Illinois Pollution Control

Board in PCB 80-135 hereby accepts said Order and agrees to

be bound by all terms and conditions thereof.

IT IS SO ORDERED

Signed

Title

Date

I, Christan L.

Moffett,

Clerk of the Illinois Pollution

Control Board, hereby certify that the above Opinion and Order

was adopteq on the

/7~’

day of

__________,

1980 by a

vote of

4J~-c~

Christan

L.

Moffe

,

lerk

Illinois Pollution

ontrol Board