ILLINOIS POLLUTION CONTROL BOARD

June 3

,

1976

PARK-er-WOODS SUBDIVISION,

Petitioner,

v.

)

PCB 76—85

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by Dr. Satchell):

Park-er-Woods Subdivision (Subdivision) filed a petition

for a variance from Rule 203(h) of the Chapter 3: Water

Pollution Regulations on March 31, 1976. The Agency filed

its recommendation on May 5, 1976.

Petitioner seeks to apply rotenone to Bow Bridge Lake

(Lake) to reduce the number of carp and non—game fish prior

Lo the stocking of the Lake with game fish fingerlings. The

Lake is in Winnebago County, Rockford Township, Illinois

and is approximately 3.5 acres and approximately eight (8)

feet deep. The Lake is fed by an underground spring. It

discharges into South Fork Kent Creek, a tributary of the

Rock River. The Lake and south Fork Kent Creek are not used

as public water supplies.

Petitioner proposes to apply “NOxfiSh~1 a piscicide

which

contains 5 emulsifiable rotenone to the Lake in May

to eliminate carp and other non—game fish so that the Lake

can be restocked with game fish. To treat the Lake, the

Lake will be drained down to two feet and the outlet will

be closed before applying the “Noxfish.” There will be no

discharge until the Lake fills naturally, a period of

approximately four to five weeks, The application of the

toxicant will be supervised by a Department of Conservation

Fishery Biologist and a Microbiologist, from the Winnebago

County Health Department.

In the past the Board has granted numerous variances

from Rule 203(h) of the Chapter 3: Water Pollution Regula-

tions for the purpose of aiding in the propagation of game

fish, Lake Patterson Fishin9 Club v. EPA, PCB 74-341; City

of Vandalia v. EPA, PCB 76-25. The Agency recommends that

this variance be granted provided that certain precautions

are taken. These precautions are that the detoxicant,

potassium permanganate, be available during the application

of the fish toxicant, that the fish toxicant be applied

22—59

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under the supervision of a qualified person from the

Department of Conservation, that the area surrounding

the water body be posted prohibiting primary and

secondary contact use for an appropriate time after

the application, and that an environmentally acceptable

method be provided for collection and disposal of the

killed fish.

The Board finds that Petitioner would be subject to

an unreasonable hardship by a variance denial. There is

no suitable alternative means to control the nuisance non-

game fish and with the recommended precautions there will

be no environmental damage and no hazard to a public water

supply. A variance from Rule 203(h) is granted.

This Opinion constitutes the Board’s findinqs of fact

and conclusions of law.

ORDER

The Pollution Control Board hereby grants the

Park-er—Woods Subdivision a variance from Rule 203(h)

of the Chapter 3: Water Pollution Regulations for one

application of the fish toxicant rotenone in the Spring of

1976 to Bow Bridge Lake subject to the following conditions:

1. That an Illinois Department of Conservation

Fishery Biologist supervise the application

of rotenone;

2. That potassium permanganate be available during

and after the toxicant application;

3. That the killed fish be promptly and adequately

collected and disposed of in an environmentally

sound manner.

4. That Bow Bridge Lake be posted against primary

and secondary contact use until such time as

fingerling bluegill survive 48 hours exposure

in live cars; and

5. Within 28 days after the date of the Board Order

herein the Petitioner shall execute and forward

to the Manager, Variance Section, Division of

Water Pollution Control, Illinois Environmental

Protection Agency, 2200 Churchill Road, Spring-

field, Illinois 62706, and to the Illinois

Pollution Control Board a Certification of

Acceptance and Agreement.

22—60

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CERTIFICATION

I (We),

having

read and fully understanding the Order of the Illinois

Pollution Control Board in PCB 76-85 hereby accept said

Order and agree to be bound by all of the terms and con-

ditions thereof.

SIGNED

TI TLE

DATE

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

Control Board herebX certify the above Opinion and Order were

adopted on the

________

day of

~

,

1976 by

a vote of

~

Illinois Pollution