ILLINOIS POLLUTION CONTROL BOARD
    April
    8, 1976
    ILLINOIS NATUR1~LHISTORY SURVEY,.
    )
    Petitioner,
    V.
    )
    PCB 76—43
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr.
    Satchell):
    The Illinois Natural History Survey filed a variance
    petition on February
    13,
    1976,
    seeking relief from Rule 203(h)
    of Chapter
    3: Water Pollution Regulations.
    Petitioner seeks
    to apply rotenone on sections of Lake Shelbyville to obtain
    a
    t’standing crop”
    survey.
    The Environmental Protection
    Agency
    (Agency) Recommendation to grant the variance was filed
    on March
    17,
    1976.
    No hearing was held.
    Lake Shelbyville has a surface acreage of 11,100 acres
    and discharges to the Kaskaskia River.
    The lake is not a
    public water supply source although Vandalia, thirty miles
    downstream, uses the Kaskaskia River for its water supply.
    Petitioner proposes to treat only two small
    (3-5 acre)
    bays
    (average depth of 5
    feet)
    without tributary streams.
    The
    waters of these bays are to be isolated from the reservoir
    by polyethylene sheeting.
    Petitioner states that the rotenone
    will be applied at
    a concentration of
    1 part per million and
    will remain toxic for approximately six hours.
    Petitioner
    states that
    as soon as the dead fish are processed,
    the area
    will be detoxified with potassium permanganate.
    Petitioner
    also indicates that the plastic barrier may be allowed to
    remain in place for three or four days
    as
    a safety precaution.
    Petitioner proposes that the application be made by its
    assistant aquatic biologist,
    Dr. John Tranquilli.
    Petitioner alleges that Rule 203(h)
    of Chapter 3 con-
    stitutes an arbitrary and unreasonable hardship on Petitioner’s
    research activities
    as there
    is no feasible alternative
    sampling procedure to determine fish populations.
    The Agency Recommendation agrees with Petitioner, that
    given Petitioner’s research functions and the lack of feasible.
    alternative fish census techniques,
    a denial of the variance
    would work an unreasonable hardship.
    21— 123
    —2--
    Petitioner has provided letters approving the treatment
    from the U.S.
    Corps of Engineers and the Illinois Department
    of Conservation.
    The Agency believes that these two approvals
    constitute approval by all the holders of interest in Lake
    Shelbyville.
    The Agency also notes that this petition for variance is
    essentially similar to Petitioner’s request for a variance
    in PCB 75—322,
    in which the Board allowed Petitioner to
    apply rotenone to Lake Shelbyville.
    The Agency projects no
    downstream environmental harm from the application.
    The Board finds that Petitioner would be subject to an
    unreasonable hardship by a variance denial, as no suitable
    alternative means exist to obtain the information it requires.
    In addition the application procedure reflects sufficient
    safeguards for the protection of non-subject portions of the
    lake and its aquatic populations.
    Lastly, there appears to
    be no inherent hazard to a public water supply.
    Therefore,
    a variance from Rule 203(h)
    is granted to the Natural History
    Survey.
    This opinion constitutes the Board’s findings of fact
    and conclusions of law,
    ORDER
    The Pollution Control Board hereby grants the Natural
    History Survey a variance from Rule 203(h)
    of Chapter 3,
    during the Fall of 1976, subject to the following conditions:
    1. That the toxicants be applied by Dr. John Tranquilli,
    Assistant Aquatic Biologist of the Illinois Natural History
    Survey, such application to be made with all proper safety
    precautions taken by applicator;
    2. That the Petitioner use polyethylene sheeting to
    retain the water
    in the bays while the chemicals remain toxic;
    3. That the
    embayed
    areas will be detoxified with
    potassium permanganate upon completion of the study;
    4. That within seven days after the date of this Board
    Order the Petitioner shall execute and forward to the Illinois
    Environmental Protection Agency, Manager, Variance Section,
    Water Pollution Control,
    2200
    Churchill
    Road,
    Springfield,
    Illinois
    62706
    and
    to
    the Pollution Control Board a Certi-
    fication
    of
    Acceptance and Agreement to
    be
    bound to all terms
    and
    conditions
    of
    the
    variance.
    The
    form
    off
    said
    Certification
    shall
    be
    as
    follows:
    —3—
    CERTIFICATION
    I
    (We),
    having read
    and fully understanding the Order of the Pollution Control Board
    in
    PCB
    76—43
    hereby
    accept
    said
    Order
    and
    agree to be bound
    by
    all
    of
    the
    terms
    and
    conditions
    thereof.
    Mr. Dumelle concurs
    Signed
    Title
    Date
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board,
    hereby cer,~ifythe above Opinion and Order
    were adopted on the
    ____________
    day of
    _____________,
    1976
    by a vote of
    _______
    Illinois Pollution
    21
    —
    125

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