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
    —
    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
    oA~~
    L.PollutionMof~ettI~érkControl
    ~
    Board

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