ILLINOIS POLLUTION CONTROL BOARD
    August 5
    ,
    1976
    MT.
    VERNON
    ROD
    AND
    GUN
    CLUB,
    Petitioner,
    v.
    )
    PCB 76—160
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr.
    Satchell):
    The Mt. Vernon Rod and Gun Club
    (Petitioner)
    filed a
    variance petition on May 17, 1976 seeking a variance from
    Rule 203(h)
    of Chapter
    3: Water Pollution Regulations
    (Regulations).
    Petitioner seeks a variance to apply twenty
    gallons of Nox-fish,
    a five percent formulation of rotenone,
    to Miller Lake in Jefferson County.
    The purpose is to reduce
    the numbers of small sunfish so that the remaining sunfish
    will become larger.
    No hearing was held.
    The relief sought is identical to that sought in
    PCB 75-228
    (18 PCB 566) and the Recommendation received
    from the Agency on July 12, 1976 is likewise identical.
    The
    Opinion and Order
    (by Mr.
    Dumelle)
    in PCB 75-228 was adopted
    by the Board September 18,
    1975 without dissent.
    The only
    difference noted in the instant petition and that submitted
    in PCB 75—228 is that in 1975 the Petitioner was called the
    “Mt. Vernon Gun and Sportsman Club.”
    The Board does not
    need to be concerned whether these are
    in fact one and the
    same organization as the treatments will be supervised by
    Mr.
    Roy Lockart, Fishery Biologist, Department of Conservation.
    The facts and conclusions
    in this case are identical
    to
    the facts and findings
    in PCB 75-228.
    For convenience of
    reference, the major points are restated.
    Petitioner,
    a
    recreational organization, owns and uses the 131—acre lake;
    also,
    the lake serves as a backup water reservoir for Mt.
    Vernon.
    In the concentration to be supplied, 0.1 ppm in
    the shore line area, the average concentration would be
    0.002 ppm and if treated water were to reach the water treat-
    ment plant the level of rotenone would probably not be
    measurable.
    The low rate of application and the rapid
    degradation of rotenone assures little or no harm to all
    non-target species.
    23
    —
    273
    —2—
    In spite of the apparent absence of health hazard the
    Agency recommends and the Board concurs
    in certain pre-
    cautionary measures as detailed in the conditions for
    variance in the Order.
    The Board finds that the treatment proposed is the
    only practical method of fish population management, that
    no hazard to public water supply is posed with precautions
    given, and that an unreasonable hardship would be imposed
    by variance denial in the instant case.
    Therefore,
    a vari-
    ance from Rule 203(h)
    is granted to the Mt. Vernon Rod and
    Gun Club.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law.
    ORDER
    The Pollution Control Board hereby grants the Mt. Vernon
    Rod and Gun Club a variance from Rule 203(h)
    of Chapter
    3
    subject to the following conditions:
    1.
    That the rotenone treatment of Miller Lake be
    limited to one application during the 1976
    calendar year.
    2.
    That the application of rotenone not exceed
    twenty gallons of solution of five percent liquid
    rotenone.
    3.
    That the application of rotenone be applied by
    personnel of the Illinois Department of Con-
    servation.
    4.
    That the Agency be notified at least twenty-
    four hours prior to the time of application.
    5.
    That the Petitioner effectively remove all fish
    killed by the rotenone treatment from Miller Lake
    and dispose of them in an environmentally sound
    manner.
    6.
    That prior to the application of the rotenone the
    surface level of Lake Miller be lowered,
    if
    necessary,
    to a level below the spillway which
    will assure that no discharge of the treated water
    will occur; and that Petitioner assure that no water
    from Lake Miller is discharged by the connecting
    pipe to Jaycee Lake for a period of two weeks after
    the application of the rotenone solution.
    23
    —
    274
    —3—
    7.
    That Petitioner take a sample of its finished
    water three days after the application of
    rotenone to Miller Lake and forward a sample
    to the Agency for analysis.
    Petitioner shall
    also forward additional samples of its finished
    water as may be required by the Agency.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion
    d Order
    were adopted o~the
    ~
    day of
    ____________,
    1976
    by a vote of
    rb.D
    ~
    Illinois Pollution Con
    Board
    23
    —
    275

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