ILLINOIS POLLUTION CONTROL BOARD
    April
    2,
    1981
    CITY OF £4cHENRY,
    Petitioner,
    V.
    )
    PCB
    80—228
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Respondent.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    D.
    Satcheil):
    This matter comes before the ~3oardupon a petition for
    variance filed December 17,
    1980 by the City of McHenry
    (Mdllenry)
    requesting a variance from the operator certification requirement
    of Rule 1201 of Chapter
    3:
    Water Pollution.
    On February
    2,
    1981
    the Illinois Environmental Protection Agency
    (Agency) recommended
    that the variance be granted with conditions.
    On February
    23,
    1981 McHenry filed an acceptance
    of the recommendation, with-
    drawing its request
    for a hearing.
    No public comments have been
    received and no hearing was held.
    The February 23 pleading stated that McHenry~s “request for
    a hearing on its petition
    is conditionally withdrawn.”
    Since no
    condition is stated,
    the Board construes this as an unconditional
    waiver of the hearing provided by Section 37
    of the Environmental
    Protection Act
    (Act).
    McHenry operates
    a municipal wastewater treatment plant
    which includes primary clarification, contact stabilization,
    secondary clarification and chlorination.
    It has a 2.0 million
    gallon per day
    (MGD)
    design average flow and is being expanded
    to 3.0 MGD with
    local
    funds.
    The discharge
    is to the Fox River
    pursuant to NPDES Permit No.
    IL0021067 which expires December 31,
    1983.
    The permit contains effluent limitations of
    20 mg/I for
    five day biochemical oxygen demand and 25 mg/i for total suspended
    solids,
    based on 30 day averages.
    The Agency states that McHenry
    is
    in compliance with the conditions of this permit.
    Rule 1201 of Chapter
    3 prohibits operation of the treatment
    works unless under the supervision of a person who has been
    certified by the Agency as competent to operate the particular
    size or type of works.
    Rule 1202 authorizes the Agency to clas-
    sify treatment works.
    On or about November 29,
    1980 the Agency notified McHenry
    that
    its plant had been reclassified
    as
    a Group A facility.
    Prior
    41—189
    to that time it was classified as
    a Group B facility.
    The Agency
    states that the reclassification was pursuant to Agency Procedures
    for the Certification of Operators of Wastewater Treatment Plants
    which became effective April
    1,
    1980.
    Whereas
    a Group
    13 facility
    requires
    a Class
    2 operator, a Group A facility requires a Class
    1
    operator.
    Class
    1 is a higher classification requiring additional
    training, including completion of four different wastewater courses.
    The McHenry plant is currently under the supervision of
    a
    Mr.
    David or Daniel Hester,
    a Class
    2 operator who
    is willing to
    seek to upgrade his classification.
    In addition, McHenry employs
    the firm of Baxter and Woodinan,
    sanitary engineering consultants
    of Crystal City,
    Illinois.
    The firm has
    a Class
    1 operator who
    is available on twenty—four hour call.
    Considering that the plant
    is currently well operated and
    the time involved in reclassification is short, the Board
    finds
    that
    it would impose an arbitrary or unreasonable hardship upon
    Mdllenry if
    it were required to immediately hire
    a Class
    1 operator.
    The variance will be granted with conditions similar
    to those
    recommended by the Agency.
    This Opinion constitutes the Board’s
    findings of fact and
    conclusions of
    law in this matter.
    ORDER
    Petitioner,
    the City of Mdllenry
    is granted a variance from
    Rule 1201 of Cahpter
    3:
    Water Pollution subject to the following
    conditions:
    1.
    This variance expires April
    1,
    1982.
    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 one, whichever first occurs.
    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,
    IL
    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:
    41—190
    —3—
    CERTIFICATION
    I,
    (We)
    ,
    _____________________________,
    having read and
    fully understanding the Order in PCB 80-228, hereby accept
    that Order and agree to be bound by all of its terms and
    conditions.
    SIGNED ______________________
    TITLE
    _______________________
    DATE
    ________________________
    IT
    IS SO
    ORDERED.
    I, Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control~Board, hereby certify the above Order was~adoptedon
    the
    ~
    day of
    ~
    ,
    1981 by a vote
    of
    ~SC~
    Christan
    L. 6~
    t,Clerk
    Illinois Po1lu~in Control Board
    41—191

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