ILLINOIS POLLUTION CONTROL BOARD
September 18, 1975
MT. VERNON GUN AND SPORTSMAN CLUB
)
Petitioner,
v.
)
PCB 75—228
ENVIRONMENTAL PRO’IECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):
The Mt. Vernon Gun and Sportsman Club (Petitioner) filed a
variance petition on June 30, 1975 seeking a variance from Rule 203(h
of Chapter 3: Water Pollution Regulations. Petitioner seeks a variaj
to treat Miller Lake with a fish toxicant, rotenone, as part of
a fish management program. The Agency filed its Recommendation on
August 28, 1975. No hearing was held.
Petitioner is a recreational organization. It owns and uses
Miller Lake, a 13. acre body of water for recreational purposes. The
Lake is also used as a backup reservoir for the City of Mt. Vernon’s
public water supply. Water from the Lake can reach the City’s
water treatment plant either through pipes which connect the Lake
to the Plant via another reservoir, Jaycee Lake, or through spiliway
discharges pumped by a station to the treatment plant.
Petitioner seeks to make one application of 20 gallons of
5 percent rotenonc solution as a concentration of 0.1 parts per
million in the share line area. Petitioner alleges that
the solution dispersed throughout the Lake will be in trace
amounts only. The Agency states in its Recommendation that
the calculated average concentration would be .002 parts per
million. The Agency also states that if any of the treated water
were to reach the water treatment plant the level of rotenone would
be in all probability, unineasurable.
Petitioner alleaes that the planned application will have no
clinic or acute affect on humans. The Agency Recommendation
notes in agreement that the estimated lethal oral dose of rotenone
for humans is 0.2 grams. The Agency also reports that rotenone
is relatively harmless to non—target aquatic populations and
deqrades generally within one to two weeks.
18
— 566
—2—
Petitioner states that the treated water of the Lake will be
contained, as evaporation prior to the application will have lowered the
surface of the Lake to several feet below the spiliway. The
Agency recommends that despite the apparent absence of a health
hazard from the level of rotenone in the treated water, the level
of the Lake prior to the application should be sufficiently below
the spiliway level sc as to prevent any unforeseen discharge. The
Agency also recommends that the connection between Lake Miller and
Jaycee Lake should b~valved off for two weeks after the rotenone
application. These precautions should avoid any necessity for
change of Mt. Vernon’s water treatment process during the application
period.
Petitioner fails to indicate whether the fish killed by the
rotenone application will be removed from the Lake after the
treatment. The Agency recommends that all fish killed by the
treatment should be removed from the Lake and disposed of in a properly
permitted landfill site.
The Board finds that as the rotenone treatment proposed
here is the only practicable method of fish population
management, and no hazard to a public water supply is posed
and given the precautions discussed above, an unreasonable
hardship will be imposed on the Petitioner by a denial of a
variance. Therefore, a variance from Rule 203(h) is granted
to the Mt. Vernon Gun and Sportsman Club.
This Opinion constitutes the Board’s findings of fact
and conclusions of law.
ORDER
The Pollution Ccntrol Board hereby grants the Mt.
Vernon Gun and Spo::tsman Club a variance from Rule 203(h) of
Chapter 3 subject to the following.conditions:
1. That the rotenone treatment of Miller Lake be
limited to one application during the l975 calendar year.
2. That the application of rotenone not exceed twenty
gallons of solution of 5 percent liquid rotenone.
3. That the application of rotenone be applied by
personnel of the Illinois Department of Conservation.
4. That the Agency be notified at least twenty-four
hours prior to the time of application.
5. That the Petitioner effectively remove all fish
18 —567
—3—
killed by the rotenone treatment from Miller Lake and dispose
of them in a perr~ittedlandfill site.
6. That prior to the applicatin of the rotenone the
surface level of Lake Miller be lowered, if necessary, to a
level below the spiliway which will assure that no discharge
of the treated water will occur; and that Petitioner assure
that no water from Lake Miller is discharged by the connecting
pipe to Jaycee Lake for a period of two weeks after the
application of the rotenone solution.
7. That Petitioner take a sample of its finished
water three days after the application of rotenone to Miller
Lake and forward a sample to the Agency for analysis.
Petitioner shall also forward additional samples of its
finished water as may be required by the Agency.
IT IS SO ORDEPED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, h re y certify the above Opinion and Order were
adopted on the
day of September, 1975 by a vote of
3”O
~L.J!o~ilj’~)
Christan L. Moffett, Clerk
Illinois Pollution Control Board
18—
568