ILLINOIS POLLUTION CONTROL BOARD
    June 29, 1984
    V:ELLAGE OF GERMAN VALLEY,
    )
    Petitioner,
    v.
    )
    PCB 84—27
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J. Marlin):
    This matter comes before the Board upon a petition for
    variance filed by the Village of German Valley (Village) on
    February
    29, 1984.
    The petition requests variance from 35
    Ill. Adm. Code 312.101
    for a period of one year to allow
    a
    Class
    3 certified operator to operate the Village’s waste—
    water treatment plant
    (WWTP) which requires a Class
    2
    operator.
    Hearing was waived and none was held.
    The
    Illinois
    Environmental Protection Agency (Agency) filed its recom-
    mendation on May 17,
    1984 that the variance be granted for a
    period of one year,
    subject to one condition.
    The prior
    variance expired on August 19,
    1983.
    The Village owns and operates a WWTP which serves approxi-
    mately 320 people and consists of a lift station, bar screen,
    comminuter, contact stabilization activated sludge,
    disinfection,
    polishing pond and sludge
    lagoon.
    Design average flow is 0.04
    MGD.
    Discharge is to the Northeast Branch of Mud Creek, a
    tributary of Leaf Creek and the Rock River, pursuant to NPDES
    Permit No.
    IL002482l.
    This variance is requested to allow the present operator,
    Mr.
    Ross, to continue operating the WWTP until such time as
    he
    can obtain Class
    2 certification.
    Mr. Ross had no experience
    in
    WWTP operation prior to being hired by the Village in Decem-
    ber,
    1979.
    As
    of. May 1, 1984 he needed 11 months additional
    experience to qualify for the Class
    2 examination.
    He has
    already completed the necessary course work.
    The prior variance was granted for only one rather than
    three years because of the lack of experience of Mr. Ross in
    the
    wastewater treatment area.
    The WWTP’s operating record
    during the prior variance period has been good.
    The deficien-
    cies during the prior variance period appear to have been cor-
    rected except for the freezing up of the treatment units during
    extremely cold weather.
    As with the prior variance proceeding,
    58-469

    2
    to retain a properly certified operator remains at $240/week
    with no offsetting environmental benefit.
    The Agency would like the variance to be granted until
    May 1,
    1985 or until Mr. Ross
    is certified as a Class
    2 oper-
    ator, whichever occurs
    first, all subject to the following
    condition:
    that the Village construct and install wooden covers
    for its treatment units or replace its surface aerators with
    subsurface diffused aerators on or before December
    1, 1984.
    Given the satisfactory performance by Mr. Ross and the
    Village’s WWTP, the cost savings to the Village and the minimal
    environmental benefit of employing a Class
    2 operator immediately,
    the Board concludes that denial of the variance would impose
    an arbitrary or unreasonable hardship.
    Therefore, the Board
    grants the Village of German Valley an extension of the prior
    variance until May 1,
    1985 or until Mr.
    Ross is certified as
    a Class
    2 operator, whichever occurs first, subject to the
    conditions of this Order.
    In the prior proceeding a general condition was inserted:
    tihe
    Village shall operate its WWTP under
    the best practicable operation and maintenance
    practices,
    including,
    but not limited to,
    proper testing procedures
    for BOD, minimization
    of water freeze-up,
    recording facility operating
    data, performing composite sampling, and
    maintaining lagoon berms.
    In the prior proceeding this condition was reasonably related
    to the variance request from the operator certification rules
    because the
    enumerated
    factors were part of the duties ~f the
    operator.
    In the present proceeding, the condition that the Agency
    requests the Board
    to impose involves WWTP capital improvements
    which would be more properly addressed in a different proceeding.
    The
    Board will not include subsurface aerators or wooden covers
    as
    a condition.
    It strongly suggests, however, that one or
    the other be employed.
    The improvement(s) would lessen or
    eliminate freeze—ups of the treatment units and thereby improve
    effluent quality.
    This Opinion constitutes the Board~sfindings of fact
    and conclusions of law in this matter.
    ORDER
    The Village of German Valley is hereby granted variance
    from 35 Ill, Adm. Code 312,101 until May 1,
    1985 or until Mr.
    Ross
    is certified as a Class
    2 operator, whichever occurs
    first, subject to the following conditions:
    58-470

    3
    1.
    The Village shall operate its WWTP under the best
    practicable operation and maintenance practices, including,
    but not limited to, minimization of water freeze—ups.
    2.
    within forty-five days of the date of this Order,
    the Village shall execute and forward to the Illinois
    Environmental Protection Agency, Air Pollution Control
    Division,
    2200 Churchill Road, Springfield, Illinois
    62706,
    a Certificate of Acceptance and Agreement to be bound to all
    terms and conditions of this variance.
    This forty-five day
    period shall be held in abeyance for any period this matter
    is being appealed.
    The form of the certificate shall be as
    follows:
    CERTIFICATE
    I,
    (We),
    having read
    the Order of the Illinois Pollution Control Board in PCB 84-27
    dated
    ______________,
    understand and accept the said conditions
    thereto binding and enforceable.
    Petitioner
    By:
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Opinion and Order
    was adopted on the
    ~?~-
    day of
    ___________-,
    1984 by a vote
    of
    ____________
    Dorothy M. ~unn, Clerk
    Illinois Pollution Control Board
    58-471

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