ILLINOIS POLLUTION CONTROL BOARD

August 23, 1979

CITY 

OE~’

OLNEY,

Petitioner,

v.

)

PCB 79—82

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by 

Mr.

Goodman):

This matter comes before the Board upon the petition

filed

by

the

City of Olney (Olney) on April 10, 1979 seeking

variance 

from

Rule 1201 of the Water Pollution Regulations,

Chapter 3. ~ letter was filed with the Board on June 5, 1979

which essentially was a request for variance from Rule 405

of Chapter 3. This additional request for variance is hereby

incorporated by reference into the April 10, 1979 variance

petition for purposes of this decision. The Environmental

Protection Agency (Agency) filed its Recommendation on June

14, 1979. No hearings have been held and the Board has

received no public comment.

Olney seeks 

18 month variance from Rule 1201 so that

its Class 1 wastewater treatment system may be operated under

the supervision of a Class 2 operator. Olney seeks a variance

from its NPDES requirement to treat or test for fecal coli—

forms and from Rule 405 until its facilities are upgraded.

Olney’s wastewater treatment facility treats approximately

2,000,000 gallons of wastewater per day. The plant discharges

its effluents into a stormwater drainage ditch which empties

into Fox Creek and eventually flows to the Little Wabash

River.

Olney’s Class I wastewater treatment operator recently

resigned and there are no unemployed Class 1 operators in the

south eastern portion of the state which Olney can afford to

employ (Pet,,2). On December 22, 1978 Robert Gantenbein,

Class 2 certification, was appointed Chief Operator of the

Olney Sewage

Treatment Plant. In the opinion of the Division

of Water PoUution Control’s field operation

section, Marion

regional office, Mr. 

Gantenbein is operating

the Olney Sewage

Treatment Plant to the best of his ability and knowledge (R.5).

Mr. Gantenbein is presently taking courses which should make

35—223

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him eligible to become a Class 1 operator 18 months from the

filing of the variance petition. The Agency Recommendation

is that Olney be granted this variance on the condition that

Mr. Gantenhein remains in Olney’s employ.

Due to the difficulty Olney would experience in obtain-

ing a Class 1 operator and because Mr. Gantenbein has exhibited

his willingness and ability to undertake such responsibility,

the Board finds that it would be an arbitrary and unreasonable

hardship on Olney should the variance be denied. The Board

hereby grants the variance from Rule 1201. This variance is

conditioned upon Mr. Ganterthein remaining in Olney’s employ-

ment as the Chief Operator of the plant. Should he resign,

the Board will require Olney to replace him with a Class 1

operator.

Olney is currently in the process of obtaining a Step 2

grant to upgrade its sewage treatment facility. Although

there is no chlorination system to control fecal coliforms at

this time, the sewage treatment plant will be modified to

include chlorination. This will probably take 3 years. It

would cost Olney $20,000 to install a temporary hook—up for

chlorinating the effluent discharge. It would impose an un-

reasonable financial hardship on Olney to require it to

remedy a temporary situation. The Olney Sewage Treatment

Plant is 25 miles from the closest water intake used for pub-

lic water supply. This diminishes the possibility that a

variance from the requirement to treat or test fecal coil—

forms will adversely affect the health or welfare of the People

of the State of Illinois. Moreover, the sewage treatment

facility has great social and economic value to the People of

Olney.

It has been proposed in R77—12 that Rule 405 be changed

in such a manner that Olney would not be in violation of its

requirements (R.4). Due to this possiblity and because of

the factors discussed above, the Agency recommends that Olney

be granted a variance for 3 years, or until the Board adopts

a final Order in R77—12. The Agency conditions this recommen-

dation on Olney taking all necessary pre—grant and post—grant

actions appropriate to the specific grant step for which it

is eligible (R.5,6).

The

Board finds that. Olney has attempted in good faith

to comply with Rule 405 and the NPDES treatment and testing

requirements. The proposed modifications of the plant will

ultimately correct the pollution problem. The Board finds

that denial of the requested variance would impose an arbit-

rary and unreasonable hardship upon Olney. Therefore, the

Board grants the variance from Rule 405 and from the NPDES

treatment and testing requirements under certain conditions.

This variance is conditioned on Olney’s good faith attempt

to take prompt steps which will result in modification of the

plant.

35—2 24

—3—

This Opinion constitutes the findings of fact and conclu-

sions of law of the Board in this matter.

0 RD ER

is the Order of the Pollution Control Board that:

1) The City of Olney’s request for a variance from Rule 1201

of the Board’s Water Pollution Control Regulations be

granted, subject to the condition that the variance

from Rule 1201 shall terminate upon Mr. Robert Gantenbein

terminating his employment, or after a period of 18 months,

whichever occurs first.

2)  The City of Olney’s request for variance from Rule 405

of the Board’s Water Pollution Regulations and the moni-

toring and treatment requirements for fecal coliform

contained in its NPDES Permit he granted for a period

of 3 years or until the Board has adopted a final order

in R77-12, Docket D, whichever occurs first, subject to

the following conditions:

a)  The City of Olney shall take all necessary pre—grant

and

post—grant actions appropriate to the specific

grant step for which it is eligible.

Within 

30 days of this Order,

the City of Olney

shall request the Agency to modify its NPDES per-

mit 110048755 to incorporate

the conditions set

forth in

this variance.

Within 

45 days of the date of this Order, the City

of Olney shall execute

and forward to the Illinois

Environmental Protection Agency, 2200 Churchill Road,

Springfield, Illinois 62706 a Certification of

Acceptance and Agreement to be bound to all terms

and conditions of this Order. The 45 day period

shall he held in abeyance during any period this

matter is being appealed. The form of said certifi-

cation shall be as follows:

CERTIFICATION

t (We), ____________________________, having read and

fully understanding the Order of the Illinois Pollution Con-

trol Board in PCB 79—82, hereby accept said Order and agree

to be 

bound by all of

the terms and conditions thereof,

SIGNED ________________________

TITLE

DATE

35— 225

—4—

3)  The Illinois Environmental Protection Agency is authori-

zed to modify NPDES permit IL0048755 to incorporate the

conditions set forth in this variance.

Mr. I)ume 

t le dissents

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

Control Board, hereby ce fy the above Opinion and Order

were adopte~on the 

______

day of           

1979 by

a vote of 

L(.I

Christan L. Moffet1/,fj~brk

Illinois Pollution Coñ’~rol Board

35—226