ILLINOIS POLLUTION CONTROL BOARD

April 24, 1975

ILLINOIS DEPARTMENT OF TRANSPORTATION,

Petitioner,

v.

)

PCB 75-82

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD (by Dr. Odell)

On February 21, 1975, the Illinois Department of Trans-

portation (DOT) filed a Petition For Variance with the Illinois

pollution Control Board (Board). DOT sought a variance to en-

able it to apply the fish toxicant, Fintrol concentrate (anti—

inycin)

to Illinois Lake in amounts in excess of the limits in

Rule

203(h) of

the Water Pollution Regulations (Chapter Three).

Rule 203(h) provides:

(h) Any substance toxic to aquatic life shall not

exceed one—tenth of the 48—hour median toler-

ance limit (48-hr TLm) for native fish or

essential fish food organisms.~

Illinois Lake is owned by DOT and is located in Section 1 of

Township 15N, Range 5W in Sangamon County, Illinois. DOT re-

quested permission to make its one application of antimycin in

late April, 1975.

Illinois Lake occupies 17 acres and contains approximately

114 acre—feet or 37,000,000 gallons of water. The lake is used

exclusively for fishing; no other recreational activity or uses

are made of the water. Illinois Lake does not discharge any

water except during heavy rains when water overflows into a spill—

way and enters an unnamed tributary of the Sangamon River.

Petitioner stated that discharges could be controlled by either

drawing the water level down before application or putting sand-

bags around the spillway. DOT stated that potassium permanganate

would be available for detoxification until such time as fish in

any downstream effluent survive 48 hours in livecars.

Petitioner proposed to apply a 1 ppb dosage of antimycin

to remove carp, green sunfish, crappie, and some bluegill to

allow largemouth bass to repopulate. A fishery biologist from the

Illinois Department of Conservation will apply the toxicant.

Protective goggles and rubber gloves will be used during applica-

tion. The Petitioner proposed to post the lake against fishing

until two weeks after treatment. Furthermore, to avoid possible

harm to wildlife at the lake, DOT plans to round up all swans

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483

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and qeese and con~~ethem until the treatment is completed.

DOT expecLs to kill 2,500 to 2,900 pounds of fish which would

be “collected when they wash ashore and disposed of either by

scattering (preferred) or burying in a remote (wooded) area on

DOT grounds or by burying in a sanitary landfill.”

The Illinois Environmental Protection Agency (Agency) filed

its Recommendation on March 20, 1975, and concluded that the

variance should be granted. Except for the method of disposal and

the procedures for testing for detoxification of antimycin, the

Agency was satisfied with DOT’s planned fish kill.

We grant the variance. Variances have been granted in

cases similar to this to correct imbalances in fish population.

See City of Jacksonville v. Environmental Protection Agency PCB

74-92, 13 PCB 631 (September 19, 1974) and Lake Patterson Fishing

Club v. Environmental Protection

C PCB 74-341, 14 PCB 529

(November 22, 1974)

.

The use of antimycin permits differential

killing of undesirable fish populations; does not harm indigenous

plants, insects and animals; and is biodegradable to non-toxic

form within several days. In light of the characteristics of

antimycin, the precautions to be observed in application, and the

interests of fishing in the area, it would be an unreasonable

hardship to deny the variance in this case.

This Opinion constitutes the findings of fact and con-

clusions of law of the Board.

ORDER

The Illinois Department of Transportation is granted a

variance from Rule 203(h) of Chapter Three to apply a 1 ppb

dosage of antimycin to Lake Illinois at any time from the adoption

of this Order until May 24, 1975, provided the following conditions

are carried out:

(a) Petitioner shall have potassium permanganate available

for use if ordered by the fishery biologist, who shall administer

and oversee the application of antimycin.

(b) Petitioner shall close Illinois Lake and the lake’s

surrounding land area to all primary and secondary contact uses,

including but not limited to swimming, boating, fishing, and

camping during the period of administration of the fish toxicant

and

until such

time as fingerling rainbow trout

or fingerling

bluegill survive 48 hours of exposure in livecars situated in

Lake Illinois. Wildlife shall be confined as outlined in the

Petition For Variance.

(c) Petitioner shall provide a method of collecting dead

fish that is acceptable to the Agency. Such method shall be

submitted to Manager, Variance Section, Division of Water Pol-

lution Control, Illinois Environmental Protection Agency,

2200

Churchill Road, Springfield, Illinois 62706 prior to the applica-

tion of the toxicant.

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(d) An approved landfill shall be used to dispose of

the dead fish, or Petitioner shall use another method of dis-

posal acceptable to the Agency.

(e) The application of the fish toxicant to Illinois

Lake shall be supervised by a fishery biologist from the Illinois

Department of Conservation.

(f) No discharge shall he permitted from Illinois Lake

until such time as fingerling rainbow trout or fingerling blue-

gill survive 48 hours of exposure in livecars. No discharge

shall be accomplished by appropriate drawdown, or supplemented

by using sandbags around the spiliway, if necessary.

IT IS SO ORDERED.

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

Board, hereby cert,ify that the above Opinion and Order was

a~optedon the~4~’dayof

/~vt2ij.~

,

1975, by a vote of

~tanL.tt