ILLINOIS
POLLUTION
CONTROL
BOARD
December
19,
1974
THREE
FOUNTAINS
ON
THE
LAKE
CONDOMINIUM
ASSOCIATION
PETITIONER
v.
)
PCB
74—378
ENVIRONMENTAL
PROTECTION
AGENCY
)
RESPONDENT
OPINION AND ORDER OF THE BOARD
(by Mr. Marder)
This action involves a Petition of Three Fountains on the
Lake
Condominium Association for variance from Rule 203
(h)
of Chapter
3, Water Pollution Control Regulations,
in order to apply a fish tox-
icant to a recreational
lake owned by the Association.
The Petition
was filed October 24,
1974.
The Agency filed its Recommendation to grant the variance subject
to certain conditions on December 2,
1974.
No
hearing
was
held.
Petitioner is sole owner of a private 3.8 acre lake,
located at
5501 Carriage Way Drive,
Rolling Meadows.
The lake is spring- and
surface—fed with no discharge to any other bodies of water.
In fact,
when the lake was at its highest known level,
it was still
12 feet
below its banks.
Therefore,
it
is highly unlikely that the toxicant
could find its way to other waters of the state.
Petitioner claims that presently the lake
is overpopulated with
fish, and consequently there
is a significant deterioration of the
lake.
Harry Wright, Fishery Biologist,
Department of Conservation, rec-
ommended that antimycin be used
as the best possible poison to be used
in the lake.
The Board has granted variances
in the past, where anti-
mycin was the toxicant ordered.
City of Jacksonville v. Environmental
Protection Agency, PCB 74-92.
The dead fish will be collected as they drift to shore,
and will
be removed by
a commercial hauler.
The Board feels that to prevent
the” poisoned fish from coming into contact with other animals, dispos-
al hill be required in a sanitary landfill.
The Petitioner alleges that the lake
is not used for a water supply
by humans or animals, and swimming is not allowed.
The Agency suggests
the lake be closed for use until such time as fingerling trout or blue-
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766
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gill survive forty—eight hours’ exposure in livecars.
The Agency feels that this variance should be granted, as this pro-
ject will result in an improvement to the environment.
The disadvant-
ages to applying the toxicant are far outweighed by the benefits that
will be brought to the lake.
This Opinion constitutes the findings of fact and conclusions of
law of the Board.
ORDER
IT IS
THE
ORDER of the Pollution Control Board that Three Fountains
on the Lake Condominium Association is granted variance from Rule
203
(h)
of Chapter
3 of the Board’s Rules and Regulations,
in order
to apply antimycin to the lake located at 5501 Carriage Way Drive,
Rolling Meadows, Illinois, subject to the following conditions:
1.
A Department of Conservation Fishery Biologist shall conduct
a bioassay on the lake prior to the application of the anti-
mycin so that the correct amount and proper conditions may be
established.
In addition, he shall administer the antimycin.
The Petitioner shall notify the Agency ten days in advance of
the treatment,
so that they may observe the treatment;
2.
The lake shall be closed for all use until such time as finger-
ling rainbow trout or fingerling bluegill survive
48 hours’ ex-
posure in livecars;
3.
The dead fish shall be removed in
a proper manner and disposed
of in enclosed container-type trucks to
a sanitary landfill;
4.
All necessary precautions shall be taken to insure the water
quality of Three Fountains on the Lake Condominium Association;
5.
Petitioner shall comply with all other statements made in its
petition, and accompanying reports, and its amended petition
regarding administration of the toxicant;
6.
Petitioner shall report to the Agency the results of the sub-
ject administration of fish toxicant within thirty-five
(35)
days of the completion of the operation.
I, Christan L.
Moffett, Clerk of the Illinois Pollution Control
Board, certify that the above Opinion and Order was adopted by the
Board on the
19th
day of
December
,
l974,by a vote of
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14— 766