LLLINOIS POLLUTION CONTROL BOARD

March

4,

1982

CITY OF MT.

CARMEL,

)

Petitioner,

)

v.

)

PCB 81—198

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

OPINION

AND

ORDER

OF

THE

BOARD

(by

D.

Anderson):

This

matter

comes

before

the

Board

upon

a

petition

for

variance

filed

December

16,

1981

by

the

City of Mt. Carmel

(Mt.

Carmel).

The

petition

requests

a

variance

from

the

operator certification requirements of Rule 1201,

1202 and

1203 of Chapter

3:

Water Pollution (S312.l01 et seq.).

On

January 18, 1982 the Illinois Environmental Protection Agency

(Agency) recommended that the variance be granted with condi-

tions.

No hearing was held and the Board has received no

public comments.

Mt. Carmel operates a municipal wastewater treatment

plant in

Wabash

County.

The plant serves

8,600 people and

discharges to the Wabash River pursuant to NPDES Permit

No. IL 0030023.

The permit contains limitations of 20 mg/l for 5—day

biochemical oxygen demand and 25 mg/i total suspended solids,

based on 30—day averages.

The Agency’s records indicate

consistent operation which is well within these limitations.

Agency inspections indicate that the facility is well main-

tained and efficiently operated.

The plant is a Group A facility requiring supervision of

a certified Class

1 operator.

It is presently supervised by

Mr. Earl Renner,

a certified Class

2 operator who lack.s two of

the four courses required to take the Class 1 examination.

Upon adoption of proposed Agency criteria Mr. Renner would

immediately qualify to take the examination

(Illinois Register,

October 30, 1981).

The Board finds that it would impose arbitrary or unreason-

able hardship to require Mt. Cannel to immediately hire a

45—489

---

—2—

Class

1 operator.

The variance from Rule

1201

will

be

granted

with conditions similar

to.

those

recommended

by

the

Agency.

Because

of

the

excellent

operating

record,

the

Board

will

allow

more

time

for

compliance.

This

Opinion

constitutes

the

Board’s

findings

of

fact

and conclusions

of

law

in

this

matter.

ORDER

Petitioner, the City of Mt.

Cannel, is granted a variance

from Rule 1201 of Chapter 3:

Water Pollution, codified as

§312.101, subject to the following conditions:

1.

This variance will expire one year from the date

of this Order or upon termination of employment

of Mr. Earl Renner, whichever comes

first.

2.

The requested variances from Rules

1202 and 1203

are denied as unnecessary.

3.

The present operator shall upgrade his operator

classification as soon as possible.

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:

CERTIFICATION

I,

(We), _________________________,

having

read and fully understanding the Order in PCB 81—198,

hereby accept that Order and

agree

to

be

bound

by

all

of its terms and conditions.

SIGNED

TITLE

DATE

IT

IS

SO

ORDERED.

45—490

---

—3—

I,

Christan

L. Noffett, Clerk of the Illinois Pollution

Control Board, hereby

.

ce~tify

that

the.

above.

Opinion

and

Order

were adopted.on the

L4P

.

day of

______________,

1982 by

a vote of

______________

Christan

L.

Noffe~

lerk

Illinois

Pollution

trol

Board

4 5—49 1