ILLINOIS POLLUTION CONTROL BOARD

March 21,

1984

SANITARY DISTRICT OF BEARDSTOWN,

Petitioner,

v.

)

PCB 83—225

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

Respondent.

ORDER OF THE BOARD

(by

~.

3.

Nega):

On March 12,

1984, the Illinois Environmental Protection

Agency (Agency)

filed

a Motion

for Reconsideration which requested

that the Board modify its Order of February 22, 1984 in PCB 83—225

to a denial

of the variance.

The Petitioner filed

its response

to the Agency’s motion on March

19,

1984.

The Agency’s motion for reconsideration is hereby granted.

However, upon reconsideration, the Board affirms its prior Order

of February 22,

1984 granting variance from 35 Ill.

Adm. Code

312.101 which allows the employment of the current Class

2 operator

for the Petitioner’s wastewater treatment plant in the City of

Beardstown, Cass County,

Illinois.

Based on the Agency~sown admission,

the Petitioner’s waste—

water treatment plant is well—run.

In reference to the chief

Class

2 operator at the plant, the Agency has concluded that

“Mr. Bell operates the treatment facility well and maintains it

in good working order...tlr. Bell is a good operator and the plant

is well—run.”

(Rec.

4—5;

see:

p.

4 of the Opinion of February

22,

1984 in PCB 83—225).

Moreover, the Agency has stated that

“the Agency does not think that: granting a variance would have an

adverse effect on the quality of treatment provided...discharge

monitoring reports for 1982 and 1983 report no BOD or TSS viola-

tions”.

(Rec.

4;

see:

p.4 of the Opinion of February 22,

1984

in PCB 83—225).

The Board notes that various conditions set forth in its

February 22,

1984 Order help insure that compliance is readily

attained.

Condition

1 states that the variance shall expire on

August

22, 1984; Condition

3 mandates that both of the current

Class

2 operator(s)

take the Class

1 exams promptly; and Condi-

tion

4 requires that the Petitioner have a Class

I operator by

August

22,

1984.

57-199

---

Thus,

the facts and conditions of this case indicate that:

(1) the treatment plant is well—run;

(2) there

is no environmental

danger;

(3) the variance is for a relatively short 6—month time

period;

(4) both Class

2 operators are required to upgrade their

classifications in an expeditious

fashion;

and

(5)

a Class

1

operator will be supervising the plant in the very near future.

Accordingly, the Board continues to believe that a denial of

the variance would impose an arbitrary or unreasonable hardship

upon the Petitioner.

The Board’s Order of February 22,

1984 in PCB 83—225 is

hereby affirmed.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was adopted on

the

.i.•

~‘day of iy2,-~~~J-

,

1984 by

a vote of

~-

(

~

Christan

L.

Moffett, 9~erk

Illinois Pollution Control Board

57-200