ILLINOIS POLLUTION CONTROL BOARD
March 17
,
1977
LAXE HOLIDAY
HOMEOWNERS
ASSOCIATION,
)
)
Petitioner,
)
v.
)
PCB 77—.
)
ENVIRONMENTAL PROTECTION AGENCY,
)
)
Respondent.
OPINION
AND
ORDER OF
THE
BOARD
(by Dr. Satchel!):
On January 3, 1977 the Lake Holiday Homeowners Association
filed a petition seeking a variance from Rule 203(h) of the
Chapter 3: Water Pollution Regulations in order to treat Lake
Holiday with rotenone, a fish toxicant, to alleviate fish
management problems.
The Environmental Protection Agency
filed its Recommendation on February 25, 1977.
Lake Holiday
is
located on Somonauk Creek
in
Sections 3,
4,
8 and 9 of Township 36N, Range 5E,
of LaSalle County.
The
Lake is 328 acres in size with a maximum depth of 30 feet and
an average depth of 16 feet.
Petitioner alleges that Lake Holiday, which is primarily
used for recreational fishing, is currently over—populated
with undesirable carp, crappie, gizzard shad, green sunfish
and badly stunted bluegill.
During September 1977, Petitioner proposes to treat the
Lake with 3,500 gallons of fish toxicant containing 2.5
emulsi-
fiable rotenone, 2.5
sulfoxide technical as a synergist, 5.0
related rotenoids and cube extractives, and 90.0
solvent
emulsifier.
Petitioner contends that since rotenone is bio-
degradable, such application will have minimal long-term effects
on the ecology of the lake.
Petitioner estimates that a
2 ppm
concentration of the toxicant will be required to remove the
fish.
Such treatment
is
expected to remove 250 pounds of fish
per acre from the lake.
Dead fish are to be buried at a sani-
tary landfill.
After administration of the fish toxicant,
Petitioner proposes
the
utilization of precautionary measures
which include:
a.
The toxicant
will
be applied by a Department of
Conservation fishery biologist who holds a Public
Pesticide Applicator’s License.
—2—
b.
Signs will be posted at the lake to warn against
use for two weeks after application.
C.
A partial drawdown will be effected to eliminate
discharge of treated water into the downstream
watershed.
d.
Detoxification of the chemical will be completed
two weeks after application.
e.
A supply of potassium permanaganate will be on
hand at the time of the application should it be
necessary to detoxify the rotenone at that time.
f.
Effluent waters will be tested by holding fish in
live cars
48 hours after detoxification.
Petitioner states that the volume of Lake Holiday is
1,710,066,048 gallons and that 3,500 gallons of toxicant
are necessary to providea
2 ppm dosage rate required to
eliminate the fish.
The Agency’s figures do not agree.
The
Agency determined, on the basis of data contained in Report
on Holiday Lake prepared by the National Eutrophication Survey,
that tIie volume of Lake holiday is 862,691,717 gallons and that
3,500 gallons of toxicant would provide a
4 ppm dosage rate.
According to the Agency,
Somonauk Creek is fed by Lake
Holiday.
Neither body of water is used as a source for public
water supplies.
Somonauk Creek joins the Fox River approxi-
mately six miles downstream from Lake Holiday; Fox River runs
approximately 15 miles to the Illinois River.
Approximately
70 miles downstream from the confluence of the Fox and Illinois
River, the City of Peoria utilizes th~Illinois River as a source
of public water supply.
The Agency does recommend the grant of the variance subject
to certain conditions.
The Board currently has pending
a regulatory proposal,
R75-7, that if adopted would amend Rule 203(h)
to allow the
application of pesticides registered with US EPA by, or under,
the supervision of the Illinois Department of Conservation pro-
vided that such application
would not contaminate public and
food processing water supplies.
In the past the Board has granted variances to Rule 203(h)
to allow the application of pesticides to enhance game fishing,
25-134
—3—
Kelly-Springfield Tire Co.
v.
EPA, PCB 75-235;
Illinois
Natural History Survey v. EPA, PCB 76-43.
These previous
variances have always been conditioned on certain pre-
cautionary measures.
The Board finds that sufficient hard-
ship does exist to grant a variance from Rule 203 (h).
The
precautions provided for in this petition combined with the
Agency’s suggestions should provide adequate control of any
hazards and still allow good fishery management.
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 the
Lake Holiday Homeowners Association is hereby granted a
variance from Rule 203(h)
of the Chapter 3: Water Pollution
Regulations
to apply rotenone to Lake Holiday during the month
of September 1977 subject to the following conditions:
a.
Prior to application of the fish toxicant, Petitioner
and the Agency shall jointly determine the volume of
Lake Holiday and the amount of toxicant necessary to
achieve a
2 ppm dosage rate.
b.
Petitioner shall adhere to all precautionary measures
detailed in the above opinion.
c.
Petitioner shall dispose of all fish in an approved
sanitary landfill.
d.
Within 28 days of the Board’s final order herein,
Petitioner shall execute and forward to the Illinois
Environmental Protection Agency, Variance Section,
Manager, Division of Water Pollution Control,
2200
Churchill Road,
Springfield, Illinois 62706, and to
the Illinois Pollution Control Board,
a Certificate
of Acceptance and Agreement to be bound to all con-
ditions of the variance.
The Form of said Certificate
shall be as follows:
CERTIFICATION
I (We),
__________________________, having read and
fully understanding the order of the Illinois Pollution
Control Board
in PCB 77-1, hereby accept said order and
agree to be bound by all terms and conditions thereof.
Signed
Title
25-135
Date
-4-
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Op~nionand Order
were adopted on the
j11~.
day of
(fl÷wj~.J.~
,
1977 by a
vote of
g_~
Illinois Pollutio
ontrol Board
25
—
136