ILLINOIS

POLLUTION

CONTROL

BOARD

January

21,

1982

CITY

OF

MARION,

)

Petitioner,

v.

)

PCB 81—169

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

)

)

Respondent,

OPINION AND ORDER OF THE BOARD (by J. Anderson)~

This matter comes before the Board on the October 28,

1981

petition for variance filed by the City of Marion

(City).

The

City seeks variance until November,

1982 from

the

wastewater

treatment plant operator certification requirement

of Rule 1201

of Chapter 3:

Water Pollution,

On December

14,

1981 the

Illinois Environmental Protection Agency

(Agency)

filed its

Recommendation in support of grant of variance,

Hearing was

waived and none has been held.

The City of Marion, Williamson County, owns and operates

a

wastewater treatment plant serving its population of approximately

14,500.

The Agency currently classifies this plant as a Group

7~

facility, requiring

it to be supervised by a Class

I operator.

Since the plant became operational

in April,

1978,

it has been

operated under the supervision of Mr.

Ron McKinney.

Mr.

McKinney,

a City employee for the past 14 years~has been certified as a

Class

II operator for

7 years, and

is currently taking corres—

poridence coursework necessary to qualify him

to take the Class

I

operatort s examination.

In support of

its petition, the City states,

without

elaboration,

that denial

of variance might

cause Mr. McKinney

to leave the City~semploy.

The City believes that a replacement

hiring of

an “outside Class

I operator would command more dollars

than is allocated in the budget causing a financial hardship

to

the City”

(Pet.

¶6).

Agency personnel having personal knowledge of

Mr.

McKinney’s

abilities and past performance characterize Mr. McKinney as a

“conscientious operator,” who would he

“capable of operating the

City’s plant effectively if

it were not for the faulty rotating

biological contactors

installed at the facility”

(Rec.

¶1).

The

Agency further notes that

it

anticipates that revised operator

45—153

---

certification procedures may be promulgated and effective as ~inal

rules

in late January or early February,

1982.

If the procedures

~ts

proposed in the IUinois~~ister,October 30,

1981,

are adopted

without change,

due to his operating experience

Mr.

McKinney would

h~eligible to take the Class

I examination immediately,

without

completion of further coursework.

The Agency accordingly

recommends that variance be granted, conditioned in part on the

taking of certain actions within 60 days of the promulgation oE

the revised procedures.

The Board finds that denial of variance would impose an

arbitrary or unreasonable hardship.

The Board

is persuaded that

no environmental harm will occur as a result of Mr. McKinney’s

continued supervision of the City’s plant,

as demonstrated by

the evidence presented concerning the plant’s performance and

concerning Mr. McKinney’s continued efforts

to comply ~iith

certification requirements.

Variance is accordingly granted until

November

1,

1982.

The Board declines

to specifically condition

this variance upon adoption of revised certification procedures,

hut will instead require that Mr. McKinney proceed to obtain Class

I certification under the applicable procedures as expeditiously

as

is practicable.

This Opinion constitutes the findings of

fact and conclusions

of

law of the Board

in this matter.

ORDER

1.

The

City

of

Marion

is

granted

a

variance

from

Rule

1201

of

Chapter

3:

Water

Pollution

Rules

and

Regulations

for

a

period

to

terminate

November

1,

1982

under

the

following

conditions~

a)

Ron

McKinney

shall

proceed

to

obtain

Class

I

operator certification pursuant to applicable procedures

as ~xpoditiously as is practicable.

h)

If Ron McKinney

is properly certified

by

the

agency as a Class

I operator before November 1,

1982,

this variance shall terminate at such earlier time.

c)

If

Ron Mctinney

terminates his employment as

operator of the City’s wastewater treatment plant before

November

1,

1982,

this variance shall terminate at such

earlier time.

d)

The City’s wastewater treatment plant shall

he operated according to the best practicable operation

and maintenance procedures for the facility.

2.

Within

45 days

of the date of

this Order,

the City of

Marion shall execute and forward to the Illinois Environmental

Protection Agency,

Division of Water Pollution Control, Variance

45—154

---

3

Unit,

2200

Churchill Road, Sprinafield,

IL

62706,

a Certification

of

Acceptance

and

Agreement

to

be

hound

to

all

terms

and

conditions

of

this

variance.

This

forty-five

day

period

shall

he

held

in

abeyance

for

any

period

this

matter

is

beinq

appealed.

The form of the certificate shall be

as follows:

CERTIFICATION

I,

(We),

___

,

having

read

the

Order

of

t~

UinoisPo

~

Board

in

PCB

81-169

dated

___

______

understand and accept the

said

Order,

realizing

that

such

acceptance renders

all terms and

conditions

thereto

binding

and

enforceable.

Petitioner

By..

~uthorized

Agent

Title

Date

IT

IS

SO

ORDERED.

I,

Christan L.

Moffett, Clerk of

the Illinois Pollution

Control

Board,

here~y

certify

that

the

above

Opinion

and

Order

was

~

the

~

day

of

~

1982

by

a

vote

Christan

L.

Mof ,é~t,

Clerk

Illinois

Polluti~t~ Control

Board