ILLINOIS POLLUTION CONTROL BOARD

March

22, 1973

LOUIS

HAHN

v.

)

PCB 73—56

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF THE BOARD. (by Mr.

Dumelle):

A variance petition consisting of a letter dated January 31,

1973

from Mr. Louis Hahn of the Hillside Mobile Home Court of Joliet was

received by the Board on February

8,

1973.

The Agency’s recommendation

was received by the Board on March

7,

1973.

We decide it today

without a hearing for the reasons given below.

Mr. Hahn asks

“for variance

...

of the hiring of an operator

for my chlorination unit

.“

and “to accept my operation of this

chlorination unit as

I have since 1968.”

The Agency construes the Hahn petition as a request for

variance from SWB-2 adopted August 8,

1966 and preserved by the

Environmental Protection Act.

That regulation, according to the

Agency, requires a certificate of competency of Class IV or higher

grade.

The Agency recommends denial

of the variance on the grounds

of premature application stating that Mr. Hahn has neither requested

nor been denied

a certificate.

We do not agree with the Agency that a Class

IV certificate is

required.

The amendments dated August

2,

1966

to SWB-2

set up a

Group E category for waste treatment plants with the following

requirements:

1.

Those serving a population up to 5,000 not designated as

Group D,

and all municipal waste stabilization ponds

(lagoons)

treating essentially raw domestic waste.

2.

Those serving schools, motels, shopping centers, commercial or

industrial establishments not exceeding 300 population equivalent.

While the population equivalent of Mr. Hahn’s mobile court

is not given, we c~nassume that the 10 units will be between

20

and

50

population equivalent.

Clearly, this

size puts

it

into

Group

L

arid

not

Group

D

wh:Lulk

in

fact

does

not

have

a

population

equl.

~alert

~:j

rouping

be ~ow

300

Th~ t~eu~reznenLs for

ti~o C1.ass

V

certificate

(required

for

Group

E

piant~.)

are:

---

I..

luceLLon

T;~~~r

schooL

or

equivalent.

2,

Experience

Coo

veer

of

satisfactory operation

of

a

sewage

rea

tment

works

n~ equivalent.

Since

Mr.

Hahn’s

.etter

st:ates

h.e

has

operated

the

chlorination

e~uiprnent

which

follows

his septic tank since

19C8,

it.

would

appear

th~:

ho

now

hus

had

actual

experience.

The

materials

are

silent

as

to

riis

i~ic’et~oon1aL ~ainmenfr,

but

Rule

6.03

of

S~7B--2

does

offer

ocLhods

cf

r’ecmni:ic~o

uwper

Lence

in

lieu

of

education.

~Vc

aqca~

‘~:~

A~eitciy that

the variance application is

c~

•

.

~

~h

h~ve

done what

he was informed to do

cc~.Lcd

~or

a

certificate.

Ft.

~

~

~au a~

premature.

r~

~o

~O~DSIF

I,

Christ~tn L..

ioffett,

Clerk

of

the

Illinois

Pollution

CQntrol

Board.

heiehy

cerLi~y

the

above

Order

was

adopted

on

the

~

day

of

March,

1973

b~ a

~cLe

ot~

b.

Illinois Pollution Co~

7

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