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
the
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
and
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