ILLINOIS POLLUTION CONTROL BOARD
    February 19, 1987
    VILLAGE OF ELIZABETHTOWN,
    )
    Petitioner,
    v.
    )
    PCB 86—158
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by J.D. Dumelle):
    This matter comes before the Board upon a September 30, 1986
    petition for variance, as amended on December 8, 1986, filed by
    the Village of Elizabethtown (Village). The Village seeks a
    variance for three years from 35 Ill. Adm. Code 312.101 which
    prohibits the operation of any treatment works unless its
    operation is under the supervision of a person certified to
    operate the particular type or size of the treatment works. The
    Illinois Environmental Protection Agency (Agency) filed its
    recommendation on December 1, 1986, advising that the variance be
    denied, and an Amended Recommendation, stating the same
    conclusion, accompanied by a motion to file instanter on February
    9, 1987. The motion to file instanter is granted. On December
    22, 1986, the Board received a letter from G.F. Torn, a resident
    of the Village, expressing concern over the operation of the
    Village’s sewage treatment plant and alleging odor problems at
    the plant. No hearing was held.
    The Village is located just north of the Ohio River in
    Hardin County. The Village owns and operates a contact
    stabilization activated sludge treatment plant (STP) with a
    design average flow of 0.06 million gallons per day (MGD). The
    plant discharges to the Ohio River. (Rec. 1).
    The Village’s STP is operated by Mr. Michael Milligan and
    Mr. Wendell Brownfield. Mr. Milligan is a certified Class 2
    Operator who is under contract with the Village to operate its
    STP. Mr. Brownfield is a Certified Class 4 Operator who is under
    the direction of Mr. Milligan. Mr. Brownfield would be in charge
    of the operation of the STP should the Board grant the Village
    its requested relief. The Village asserts that it cannot afford
    to continue paying the salaries of Mr. Milligan and Mr.
    Brownfield and plans to have Mr. Brownfield obtain his Class 2
    Certification in approximately three years. Therefore, the
    Village requests variance from Section 312.101 to allow the
    76-36
    —2—
    operation of its STP by Mr. Brownfieid, a Class 4 Operator, in
    lieu of Mr. Milligan, a Class 2 Operator.
    Environmental Impact
    The Villages STP operates pursuant to NPDES permit IL
    0028690 with effluent limitations of 30 mg/i BOD, TSS as monthly
    averages. The Discharge Monitoring Reports submitted by the
    Village to the Agency indicates the following:
    Monthly Avg. Monthly Avg.
    Monthly Avg.
    Month
    BCD
    (mg/i)
    TSS
    (mg/i)
    (Flow (MQ))
    Aug. 86
    10
    12
    0.007
    July 86
    6.2
    4
    0.011
    June 86
    10
    4
    0.004
    May
    86
    10
    12
    0.05
    Apr. 86
    32
    52
    0.037
    Mar.
    86
    2
    20
    0.008
    Feb. 86
    18
    28
    0.022
    Jan..
    86
    18
    8
    0.011
    Dec.
    85
    4
    16
    0.015
    Nov.
    85
    8.8
    10
    0.011
    Oct.
    85
    13
    15
    0.024
    Sept. 85
    14
    15
    0.020
    (Rec. 2—3).
    The foregoing table indicates that the effluent from the
    Village’s STP has been within its permitted limitations except
    for April, 1986. The Agency asserts that at current flow rates,
    the Village’s STP has no discernible impact on the Ohio River.
    The Board agrees and concludes that the environmental impact of
    granting this variance would be minimal.
    Hardship
    The hardship issue is the crux of the Village’s petition.
    The Village asserts that it cannot afford to continue to pay the
    salaries of Mr. Milligan and Mr. Brownfield totaling $725 per
    month in addition to the other monthly expenses associated with
    operating the Village’s STP. The Village also asserts that the
    consumer cannot afford any rate increase based on an average
    income of $3,550 to 4,250. (Amended Pet, at 2). The Village’s
    compliance plan is to have Mr. Brownfield obtain the proper
    certification as soon as possible. The Village asserts that this
    will take approximately three years. The Village is
    participating in the Agency’s Operator Assistance Program funded
    under Section 104(g) of the Clean Water Act which provides hands—
    on training of operating personnel. (Rec. 4). In addition, the
    Village asserts that during the variance period Mr. Milligan will
    be available should problems arise. (Pet, at 1—2)..
    76-37
    —3—
    On the other hand, the Agency asserts that based on the
    facts presented, the cost to the users in the Village is below an
    amount the Agency would consider a hardship. (Amended Rec. at
    3). The Agency basis this conclusion on the sewer cost as a
    percentage of 1979 median household income for the Village. In
    addition, the Agency asserts that a proper certified operator is
    there to insure that problems do not occur in the first place and
    that the proposed compliance is unacceptable.
    Conclusion
    The Village contends that it cannot continue to pay the
    salaries of the Class 2 operator and the Class 4 operator. The
    Village proposes that it either be granted variance for three
    years in order for its Class 4 Operator to obtain his Class 2
    certification or be granted a variance for one year with the
    condition that the STP’s operation be monitored during that time
    prior to renewal. In contrast, the Agency asserts that the
    Village can afford to pay both salaries, that the compliance plan
    is unacceptable given its uncertainties and that the purpose of
    providing a certified operator is to prevent violations by the
    facility before a remedy is necessary.
    The Board concludes that denying the Village variance would
    impose an arbitrary of unreasonable hardship on the Village. The
    Village’s STP, as currently operated, produces an effluent well
    within its permitted limitations and no evidence has been
    presented which would suggest that this pattern will not continue
    with the grant of variance. The Board sympathizes with the
    economic situation in the Village and will grant the Village
    variance from Section 312.101 for a period of three years,
    subject to conditions. A one year variance with continual
    renewals is unwarranted given the current operation of the
    Village’s STP. The Board will require that Mr. Brownfield obtain
    his Class 2 certification within three years and continue to
    operate the Village’s STP within permitted limitations where
    practicable. The Board will also require that the Village
    operate its STP so as to minimize the possibility that problems
    arise. Lastly, the Board will require that the Village continue
    to participate in the Agency’s Operator Assistance Program.
    As a final matter, the Board notes that during the variance
    period, Mr. Milligari, the Class 2 operator, has informally agreed
    to be available should problems arise.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    0RDE R
    The Village of Elizabethtown, Hardin County, Illinois, is
    hereby granted variance from 35 Iii Adm. Code 312.101, subject to
    the following conditions:
    76-38
    —4—
    1.. Variance shall commence on February 19, 1987 and
    terminate on February 19, 1990 or when Mr. Wendell
    Brownfield obtains his Class 2 Operator Certification,
    whichever occurs first.
    2. The Village shall continue participating in the Illinois
    Environmental Protection Agency’s Operator Assistance
    Pr og ram.
    3. The Village shall operate its sewage treatment plant so
    as to produce the best effluent practicable and to
    minimize the occurrence of problematic situations.
    4. Within 45 days of the date of this Order, Petitioner
    shall execute and forward to the Illinois Environmental
    Protection Agency, Division of Water Pollution Control,
    2200 Churchill Road, Springfield, Illinois 62706, a
    Certificate of Acceptance and Agreement to be bound by
    all the terms and conditions of this variance. This 45
    day period shall be held in abeyance for any period this
    matter is being appealed. The form of the certificate
    shall be as follows:
    CERTIFICATION
    I, (We), the Village of Elizabethtown, having read the Order
    of the Illinois Pollution Control Board, in PCB 86—158, dated
    February 19, 1987, understand and accept the said Order,
    realizing that such acceptance renders all terms and conditions
    thereto binding and enforceable.
    Petitioner
    By: Authorized Agent
    Agent
    Date
    IT IS SO ORDERED.
    76.39
    —5—
    Board Member J. Marlin concurs.
    Board Member R. Flemal dissents.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify,~hat the above Op~,nionand Order was
    adopted on the
    /7~ day of-?t~-~,
    ,
    1987 by a vote
    of
    .
    /
    Dorothy N. ~unn, Clerk
    Illinois Pollution Control Board
    76-40

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