ILLINOIS POLLUTION CONTROL BOARD
July
24,
1980
VILLAGE OF FRANKLIN GROVE,
)
Petitioner,
v.
)
PCB 80—106
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE
BOARD
(by J.
Anderson):
This matter comes before the Board on the May
15,
1980,
petition of the Village of Franklin Grove for variance from
the certified treatment plant operator requirements of Rule
1201 of Chapter
3:
Water Pollution
(Chapter 3).
On June 16,
1980,
the Environmental Protection Agency
(Agency)
filed
a
Recommendation that variance be granted subject to conditions.
Hearing was waived,
and none was held.
The Village of Franklin Grove
(Village), which
is located
in Lee County,
owns and operates a wastewater treatment plant
serving approximately 1,000 persons.
From the time of the plant’s
construction 20 years
ago, the plant has been supervised by
Mr. Maurice Hussey,
a certified Class
4 operator.
Due to Agency
revision of the plant~sclassification,
as of April
1,
1980,
the
plant requires supervision by a Class
3 operator; upon completion
of construction now underway to upgrade the facility, a certified
Class
2 operator will be required
(Pet.
2—3,
Rec.
1-2).
The Village estimates that Mr. Hussey would need to take
about 1½ years of course work to qualify to take the Class
2
examination,
the completion of which would coincide with his
planned retirement.
The Village wishes to retain Mr. Hussey as
operator of its plant,
and feels that
it would be unreasonable
to require him to qualify for Class
2 certification at his age.
The Village has therefore proposed a plan whereby
a local
resident, Mr. Roger Warrenfeltz, would immediately be hired as
an assistant operator.
Mr. Hussey would
be retained as plant
operator full—time until his retirement,
and on a part—time basis
for a year thereafter.
During this period, Mr. Warrenfeltz would
be receiving practical training from Mr. Hussey.
At the same time,
Mr. Warrenfeltz would be completing coursework preparatory to taking
the Class
2 examination at the end of the
2½ year period
(Pet.
2—3).
2
The
Village
explains that, if its plan is
not approved,
the
two other options
open
to it will involve considerable additional
expense
to its water users.
The first, which would involve the
immediate hiring of
a
certified
Class
2
operator
and
forced
early
retirement
of
Mr.
Hussey,
would
increase
user
charges
$7.00
monthly
to
provide
funds
for
the
necessary
higher
wage
for the Class 2 operator.
The second option would be to
hire
a certified Class 2 operator on a part—time basis to be plant
operator of record, while Mr. Busssy
continued
to
be
in
charge
of daily plant operation.
This program would entail an ad-
ditional levy of $5.00 a month for users
(Pet.
4—5).
The Agency supports this plan in part, as it agrees with
the
Village
that
Mr.
Hussey
has
provided
ccmpetent
and
satis-
factory
supervision
for
the
plant.
However,
the
Agency
points
out,
Mr. Hussey’s ability to supervise the as—yet—incomplete up-
graded facility cannot
be
determined.
The
Agency
therefore
suggests
that
a
variance
be
granted
for
1½
years,
after
which
time
the
operation
of the upgraded facility and the
new operator’s progress
can
be
thoroughly
evaluated
(Rec.
3-4).
The
Board
notes
that
the
Village
has
nOt
supplied
information
concerning
the
increased
cost
to
it
of
following
the
plan
it
has
proposed,
so
that
a
true
cost
comparison
of
its
alternatives
cannot
be
made.
Mere
recitation
of
increased
costs
to
achieve
compliance
is
insufficient
to
support
a grant of variance.
However,
upon
consideration
first
of
the
inequity
which
might
be
done
to
a
competent,
career
employee
if
immediate
compliance
were
to
be
required,
and
then
of
the
attendant
cost
increases,
the
Board
finds
that
denial
of
variance
would
impose
an
unreasonable
hardship
on
the
Village of Franklin Grove.
Variance
from
Rule
1201
of
Chapter
3
is
therefore
granted
subject
to
conditions
outlined
in
the
order.
The
variance
will
terminate
upon the retirement of Mr. Hussey; the Village
may
petition
the
Board for a new variance if one is required at that time.
This Opinion constitutes the Board’s findings of fact and
conclusion of law in this matter.
ORDER
Petitioner, the Village of Franklin Grove, is hereby
granted variance from Rule 1201 of Chapter
3:
Water Pollution
until January 31, 1982, subject to the following conditions:
1)
This variance will terminate at such earlier time as
Mr
•
Maurice Hussey might
cease
to
be
employed
as
chief
operator
of the Village’s plant on a full—time basis.
2)
The
Village
shall
immediately
act
to
hire
an
additional
plant
operator,
who
shall
be
trained
in
the
operation
of
the
existing facilities
and
of
the
upgraded
facilities
as
they
are
completed.
3
3)
The Village shall submit quarterly reports concerning
th~progress of its operator trainee towards Class
2 certification.
4)
The Village shall
at all times operate its sewage
treatment facilities under the best practicable operations and
maintenance practices.
5)
Within 45 days
of the date of this Order,
the Village
of Franklin Grove shall execute and forward to the Illinois
Environmental protection Agency, Division of Public Water Supply,
2200 Churchill Road, Springfield,
IL
62706,
an executed Certi-
fication of Acceptance and Agreement to be bound by all conditions
of the variance.
The forty—five day period herein shall be stayed
during judicial review of this variance pursuant to Section 41 of
the Environmental Protection Act.
The form of said certification
shall be as follows:
CERTIFICATION
I,
(We), ____________________________,
having read the
Order of the Illinois Pollution Control Board in PCB 80-106,
dated ___________________________, understand and accept the said
Order, realizing that such acceptance renders all terms and
conditions thereto binding and enforceable.
Petitioner
By ______________________________
Authorized
Agent
Title
____________________________
Date
______________________________
IT
IS
SO
ORDERED.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby c~rtifythat th
above Opinion and Order
were adopt~on the
d44’
day of
________________,
1980,
by
avoteof
,Q
Christan
L.
Moffe~
,/qlerk
Illinois Pollution
cS~itrol Board
