ILLINOIS POLLUTION CONTROL BOARD
    April
    26,
    1979
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 78—262
    ARCHIBALD ENOCH PRICE--THE CARE OF
    TREES,
    INC.,
    an Illinois
    corporation,
    Respondent.
    MR. WILLIAM BARZANO, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE COMPLAINANT.
    MR. MARSHALL E.
    LOBIN, ATTORNEY AT LAW, APPEARED ON BEHALF OF
    THE RESPONDENT.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr. Satchell):
    This matter comes before the Board upon a complaint filed
    on October 10, 1978 by the
    Environmental
    Protection Agency
    (Agency).
    The complaint alleges the Respondent caused or allowed
    a violation of Section
    12(a)
    of the Environmental Protection Act
    (Act)
    and Section 12(d)
    of the Act on or about April
    22,
    1978.
    A hearing was held on February 20,
    1979 at which time a stipulated
    agreement was presented for Board approval.
    The stipulated agreement provides that Archibald Enoch Price--
    The Care of Trees, Inc.
    is a corporation which specializes
    in
    spraying trees with pesticides.
    It is a licensed pesticide
    applicator by the Illinois Department of Agriculture.
    The pest-
    icides Respondent
    is allowed to apply are methoxychlor
    and
    malathion.
    Methoxychior
    is a hazardous
    substance as defined by
    USEPA
    (40 C.
    F.
    R.
    10484, Table 119.5, March
    13,
    1979).
    It has
    a toxicity range of LC500.1
    mg/l.
    “LC501’ is defined as that
    concentration of material which
    is lethal to one—half of the test
    population of aquatic animals upon continuous exposure for ninety—
    six hours or less.
    On April
    22,
    1978 the Respondent applied a methoxychlor spray
    in a dilution ratio
    of eight gallons of “Amoco Methoxychior Spray”
    to ninety-two gallons of water to a number of elm trees
    in the
    immediate vicinity of Forest Lake.
    While the spray was being
    applied a sudden change
    in wind direction caused some of
    the spray
    to settle upon Forest Lake.
    33—397
    —2—
    Forest Lake
    is located within Maine Park in Park Ridge,
    Cook County,
    Illinois and is owned by the Park Ridge Park
    District.
    It consists of two small lakes with a combined area
    of approximately two acres.
    The lakes are interconnected by a
    fifteen inch diameter pipe and are used for a variety of recre-
    ational uses.
    By April 25,
    1978,
    a large number of the fish and
    aquatic life of the east lake of Forest Lake were found dead;
    the fish and aquatic life of the west lake of Forest Lake were
    showing signs of stress.
    Laboratory analysis of dead fish taken
    from the lake on May
    5, 1978 revealed the same to have a residue
    level of methoxychlor anywhere from 23.06 ppm to 35.67 ppm.
    A
    dosage of 0.020 to 0.030 ppm of methoxychlor will kill fifty
    percent of
    the
    small bluegill or rainbow trout population after
    twenty—four to forty—eight hours of exposure.
    Laboratory analysis
    of the sediment of Forest Lake revealed the
    same
    to have a suf-
    ficient methoxychior residue to adversely affect bottom feeding
    fish and other organisms.
    As a result of further studies, it has been determined that
    all fish and aquatic life contained in the Forest Lake must be
    destroyed and the lake entirely restocked.
    Pursuant to the
    settlement agreement Respondent has paid $621.46 to the Park Ridge
    Park District to cover the following expenses:
    Cost of Park Ridge Park District clean
    up of fish and aquatic life destroyed.
    $158.96
    Cost to Park Ridge Park District of
    extermination of remaining fish and
    aquatic life due to inethoxychlor
    contamination.
    $362.50
    Cost of Park Ridge Park District clean
    up of remaining fish and aquatic life
    to be exterminated due to methoxychlor
    contamination.
    $100.00
    TOTAL
    $621.46
    The terms of the settlement provide that Respondent admits
    violations of Section 12(a)
    and Section 12(d)
    of the Act.
    Re-
    spondent agrees to pay a civil penalty
    in the amount of $764.54,
    calculated
    as follows:
    Fish and aquatic life destroyed:
    12,589 Bluntnose minnow
    $0.03 each
    $629.45
    988 Carp and goldfish
    .06 each
    59.28
    210 Green sunfish
    .31 each
    71.61
    70 Black bullhead
    .06 each
    4.20
    TOTAL
    $764.54
    33—398
    —3—
    The Board finds the stipulated agreement acceptable under
    Procedural Rule 331 and Section 33(c)
    of the Act.
    The Board
    finds Respondent
    in violation of Section 12(a)
    and 12(d)
    of
    the Act.
    A penalty of $764.54 will be assessed.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It is the Order of the Pollution Control Board that:
    1,
    Respondent is found to be in violation of Sections
    12(a)
    and 12(d)
    of the Environmental Protection Act.
    2.
    Respondent shall comply with the terms of the
    stipulated agreement, which is incorporated herein
    by reference.
    3.
    Respondent shall pay a penalty of $764.54, payable
    by certified check or money order to the Game and
    Fish Fund of the Illinois State Treasury.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, her~Z.certify the abov
    Opinion and Order were
    adopted oi~the
    ckto
    day of
    _____________,
    1979,
    by a
    vote of
    _________
    33—399

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