ILLINOIS POLLUTION CONTROL BOARD

September 15,

1982

CITY OF MC HENRY,

)

Petitioner,

)

v,

)

PCB 82—19

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

Respondent.

OPINION

AND

ORDER OF THE BOARD

(by D. Anderson):

This matter comes before the Board upon an amended petition,

filed March 29, 1982, for extension of a prior variance granted

to the City of McHenry from the wastewater treatment plant

operator certification requirements of 35 Ill. Adm. Code

312.l0l.*

On July 9, 1982 the Illinois Environmental Protection

Agency

(Agency)

recommended

that

the

variance

be

extended

with

conditions.

No

hearing

was

held

and

the

Board

has

received

no

public comment,

McHenry

was

previously granted a variance from the operator

certification requirements on April

2,

1981 (PCB

80—228,

41 PCB

189).

The record and opinion and

order

are

incorporated

by

reference.

This variance expired on April

1, 1982.

The certified Class

2 operator, Mr. David or Daniel Hester,

failed to pass the Class

1 operator examination.

McHenry now

seeks until January

1, 1983 in which to obtain a Class

1

operator.

The

Agency

indicates

that,

based

on

discharge

monitoring

reports

and

Agency

sampling,

the

McHenry treatment plant has

been

consistently

operated

well

within the

20/25

mg/l

permit

limitations for 5—day biochemical oxygen demand

(BOD)

and total

suspended solids

(TSS).

Indeed, the plant is usually within

the more restrictive

4/5 limitation.

The Board will grant the requested variance extension,

subject to conditions similar to those of the previous variance

and those recommended by the Agency.

Considering the quality

of the

plant

operation,

the Board will grant the variance through

1983.

*prjor to codification Section 312.101 was Rule 1201 of

Chapter 3:

Water Pollution.

48-159

---

—2—

ORDER

Petitioner, the City of McHenry,

is granted a variance

from 35 Ill. Adm,

Code 312.101, subject to the following condi-

tions:

1.

This variance will expire on January

1, 1984.

2.

Petitioner’s wastewater treatment plant shall be

under the direct and active field supervision of

a Class

2 operator during the term of this variance.

3.

This variance shall terminate sixty days after the

termination of employment of Petitioner’s present

Class

2 operator, or under condition 1, whichever

occurs

first.

4.

Within forty-five days of the date of this Order,

Petitioner shall execute and forward to the Illinois

Environmental Protection Agency, Variance Section,

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:

GERTIFICATION

I,

(We),

____________________________,

having

read

and

fully

understanding

the

Order

in

PCB

82-19,

hereby accept that Order and agree to be bound by

all

of

its

terms and

conditions.

SIGNED ____________________________

TITLE

____________________________

DATE

______________________________

IT IS SO ORDERED.

Board Member Joan Anderson dissented.

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

Control Board, hereby certify that the above Opinion and Order

we4e adopted on the

_____

day of

___________

1982 by a vote of

~&~dL

.~~~C1erk

Illinois Polluti

-Control Board

48-160