ILLINOIS POLLUTION CONTROL BOARD
    March
    4,
    1982
    VILLAGE OF LIBERTYVILLE,
    Petitioner,
    v.
    )
    PCB 81—197
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    OPINION AND ORDER OF
    THE BOARD
    (by J.
    Anderson)
    This matter comes before the Board on the December 16,
    1981
    petition for variance of the Village of Libertyville
    (Village).
    The Village seeks variance from the wastewater treatment plant
    operator certification requirement of Rule 1201 of Chapter 3:
    Water Pollution until January
    1,
    1984.
    On February 18,
    1982
    the Illinois Environmental Protection Agency (Agency) filed its
    Recommendation in support of grant of variance.
    Hearing was
    waived and none has been held.
    The Village of Libertyville,
    Lake County,
    owns and operates
    a wastewater treatment plant serving its population of approxi-
    mately 16,520.
    The Agency currently classifies this plant
    as a
    Group A facility, requiring
    it to be supervised by a Class
    I
    operator.
    The plant is currently being operated under the
    supervision of Mr.
    Michael
    Clarke,
    a
    Class
    11 operator who has
    been in the Village’s employ since May,
    1976.
    At the time of
    the filing
    of this variance petition, Mr.
    Clarke would have
    been required to complete an additional wastewater course and
    to continue on the job for another 10 months before becoming
    eligible to take the Class
    I operator’s examination.
    However
    due to a change in Agency certification procedures effective
    January 27,
    1982
    (6
    Ill.
    Reg. 1630 et seq.,
    Feb.
    5,
    1982),
    Mr.
    Clarke is immediately eligible to take the examination.
    In support of
    its petition, the Village states, without
    elaboration,
    that “previous attempts to recruit a Class
    I
    operator have had negative results”.
    As its plant has been
    operating within the discharge limitations
    of its NPDES permit,
    the Village believes that there are “no immediate benefits to
    be received”
    from replacement of Mr.
    Clarke.
    45—485
    —2—
    The Agency reports that the Libertyville plant
    is well
    operated and maintained,
    and that Mr.
    Clarke
    is a conscientious
    operator.
    While noting that the Village has been aware of its
    need for a Class
    I operator since June,
    1978,
    the Agency recommends
    that variance be granted,
    “as no adverse environmental impact
    seems
    likely”.
    Given the change
    in its procedures conferring immediate
    eligibility upon Mr. Clarke to take the Class
    I examination, the
    Agency suggests that variance be terminated January
    1,
    1983.
    Although the evidence presented concerning hardship is slight,
    the Board finds that denial
    of variance would impose an arbitrary
    or unreasonable hardship based on the plant’s environmentally
    good operational history.
    Variance
    is granted until January
    1,
    1983 subject to the conditions outlined in the attached Order.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    1.
    The Village of Libertyville is granted
    a variance from
    Rule 1201 of Chapter
    3:
    Water Pollution Rules and Regulations
    for a period to terminate January
    1, 1983 under the following
    conditions:
    a)
    Michael Clarke
    shall proceed to obtain Class
    I operator certification pursuant to applicable procedures
    as expeditiously as is practicable.
    b)
    If Michael Clarke is properly certified by the
    Agency as
    a Class
    I operator before January
    1,
    1983,
    this
    variance shall terminate at such earlier time.
    c)
    If Michael Clarke terminates his employment as
    operator of the Village’s wastewater treatment plant before
    January
    1,
    1983,
    this variance shall terminate at such
    earlier time.
    d)
    The Village’s wastewater treatment plant shall
    be operated according
    to the best practicable operation
    and maintenance procedures for the facility.
    2.
    Within 45 days of the date of this Order,
    the Petitioner
    shall execute and forward to the Illinois Environmental Protection
    Agency,
    Division of Water Pollution Control, Compliance Assurance
    Unit,
    2200 Churchill Road, Springfield, Illinois 62706,
    a
    Certification 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:
    45—486
    —3-.
    CERTIFICATION
    I,
    (We), ______________________—
    having read
    the Order of the Illinois Pollution Control Board in PCB 81-197
    dated
    ,
    understand and accept the
    said Order, realizing that such acceptance renders all terms and
    conditions thereto binding and enforceable.
    Petitioner
    By:
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I,
    Christan
    L. Moffett, Clerk of the Illinois Pollution
    Order
    Control Board, hereby certify that the ab~,einion and, 1982
    were adopted on the
    i~3
    day of____________________
    by a vote of
    L/_c~
    Illinois Pollut
    ol Board
    45—487

    Back to top