ILLINOIS POLLUTION CONTROL BOARD
July 31, 1975
KELLY—SPRINGFIELD TIRE CO.,
Petitioner,
v.
)
PCB 75—235
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD (By Dr. Odell)
On June 16, 1975, the Kelly-Springfield Tire Company
filed an Application For Variance with the Illinois Pollution
Control Board (Board). Petitioner sought a variance to enable
it to apply a fish toxicant, rotenone, to the water in its 2-
acre fire lagoon (pond) in amounts in excess of the limits in
Rule 203(h) of the Water Pollution Regulations (Chapter 3).
Rule 203(h) provides that:
“Any substance toxic to aquatic life shall not exceed
one-ter,th the 48-hour median tolerance limit (48-hr.
TLm) for native fish or essential fish food organisms.”
Petitioner’s fire lagoon is located 4 miles east of
Freeport in Section 11, Silver Creek Township, Stephenson County,
Illinois. The fire lagoon receives non-contact cooling water
from Petitioner’s factory. The contents of the fire lagoon are
then utilized to supply water to Petitioner’s plant sprinkler
system. Petitioner alleges that its 2-acre lagoon, which is
approximately 8 feet deep, is over-populated with carp fish.
Petitioner states that it would like to eliminate the carp so
that its lagoon ~an be stocked for recreational fishing. If a
variance is granted, a fish toxicant would be applied by a fishery
biologist from the Illinois Department of Conservation. Other
precautions planned by the Petitioner if the variance is granted
are:
1. Both the inlet and outlet of the lagoon will be
closed off for 24 hours during application of the
fish toxicant.
2. At the conclusion of the 24-hour period, potassium
permanganate will be filtered through the lagoon’s
outlet to detoxify the rotenone.
3. The contents of the fire lagoon will be diluted with
atproximately 2,000,000 gallons of water per day
w.L~lichwill enter the inlet of the lagoon at the
close of the 24-hour period.
18
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277
—2—
The Ill~inoisEnvironmental Protection Agency (Agency)
filed its Recomçaendation on July 21, 1975. They recommended
that the variance be granted, subject to certain conditions,
including proper disposal of dead fish and closure of the fire
lagoon for all ‘~seduring treatment and for a specified period
thereafter. Petitioner’s fire lagoon discharges into Silver
Creek, a trib.itary of the Pecatonica River. Neither of these
streams is utilized for public water supply.
We grant the variance, subject to conditions suggested
by the Agency. Variances have been granted in cases similar to
this to correct imbalance in fish population. See Lake Patterson
Fishin~Club vs. EPA, PCB 74-341; Three Fountains on the Lake
Condominium Association vs. EPA, PCB 74-378; and Coves Property
Owners Association vs. EPA, PCB 75—114. The proper use of rotenone
permits differential killing of undesirable fish and does not
harm indigenous plants, insects, or animals. In the light of
the precautions to be used in applying the fish toxicant and in
disposing of the dead fish, 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 conclu-
sions of law of the Board.
ORDER
IT IS THE ORDER of the Illinois Pollution Control Board
that the Kelly-’springfield Tire Company is hereby granted a variance
from Rule 203h) of Chapter 3 to make one application of rotenone
to its 2-acre fire lagoon during September, 1975, subject to the
following con.litions:
(a) that the application of the rotenone be done by a
Department of Conservation fishery biologist;
(b) that the application of the detoxifier, potassium
permanganate, be done by a Department of Conservation
fishery biologist;
(c) that an acceptable method for collection and disposal
of the dead fish be submitted to the Agency prior to
treatment; and
(d) that the fire lagoon be closed for all use until
such time as fingerling rainbow trout or fingerling
hl.iegill survive 48 hours exposure in livecars.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
adopted on the ~
day of July, 1975, by a vote of
________
18—278 ChristanIllinois
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