ILLINOIS POLLUTION CONTROL BOARD
    September 15, 1976
    ROBERT CINQ-MARS,
    )
    Petitioner,
    V.
    )
    PCB 76—177
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr.
    Satchell):
    This matter comes before the Board upon a variance
    petition filed on June 30,
    1976 by Robert Cinq-Mars
    requesting
    a variance from the provisions of Rule 203(h)
    of the Chapter
    3: Water Pollution Regulations
    (Regulations)
    to allow application of rotenone,
    a fish toxicant, and
    Aquathol
    K, an aquatic herbicide,
    to Johnson Subdivision
    Pond.
    The pond is located in the Northeast 1/4 of Sec-
    tion 18, Township 12 North,
    Range
    9 East,
    of Coles County,
    Illinois and has a surface area of 2.5 acres.
    The Recorn—
    mendation of the Environmental Protection Agency
    (Agency)
    was filed August 13, 1976.
    The petition alleges that the pond contains undesirable,
    stunted species of fish and that fishing is difficult due
    to excessive growth of aquatic weeds.
    The bullheads and
    crappie are keeping the quantity and size of the bass down.
    Petitioner proposes to apply rotenone and Aquathol K, both
    at
    3 ppm, to eliminate these problems.
    The pond
    is used
    for swimminq,
    fishing and drinking, water for ten houses
    each with its own filtering system.
    Petitioner states that
    the fish will be dead within twenty-four hours.
    The weeds
    will begin to decompose and sink to the bottom in three to
    seven days.
    The pond will not be restocked for at least one
    month.
    The Aquathol K is to be applied as soon as the vari-
    ance
    is approved and the rotenone is to be applied the first
    week in September.
    Both chemicals will be applied when the
    pond is below the spiliway level.
    The petition states that
    after use of the Aquathol K the water should not be used for
    seven days and that all residents have agreed to bring
    in
    water for the time necessary.
    The application of the chemi-
    cals
    is to be supervised by Richard Rogers, District Fishery
    Biologist, Department of Conservation.
    23
    —
    505
    —2—
    The Agency in its Recommendation presented much
    information on rotenone from a publication prepared by
    the U.S. Department of Commerce’s National Technical
    Information Service entitled, A Review of t~iteratureon
    the Use of Rotenone in Fisheries,
    PB—235-454, May,
    1974.
    The Agency pointed out that degradation of rotenone is
    fairly rapid, usually within two weeks of application
    (Illinois Department of Conservation,
    1964).
    The maximum
    period
    is five months or more
    (Smith 1941, Leonard 1939,
    Meyer
    1966, Cohen et al. 1960).
    Certain factors such as
    high temperatures, high alkalinity, and light intensity
    accelerate degradation and others,
    such as turbidity,
    extreme depth and overloading with rotenone slow it down.
    Rotenone persists five to six days in spring, two to
    three days
    in summer and up to five months or more in
    winter
    (McKee and Wolf 1971, Meyer 1966).
    This document
    further points out that the bullhead is a species of fish
    that is extremely resistent to rotenone.
    Also stated was
    that rotenone can be detoxified with potassium permanganate
    or chlorine and removed from the water with activated car-
    bon; rotenone
    is relatively free of hazards
    in normal use,
    because of the low percentage used in formulations, unstable
    nature of rotenone, and its low solubility in water.
    Aquathol K, the Agency states,
    is the trade name for
    the potassium salt of endothall.
    In Water Quality Criteria
    prepared by the State Water Resources Control Board of
    California, the following is found regarding endothall:
    Walker
    .
    .
    .
    found that 40 mg/l had no harmful effects
    on three species of minnows in 96 hours.
    Other work
    demonstrates no fish toxicity to endothall in 21 days
    at a level of 100 mg/l
    .
    .
    .
    the lethal dose to blue-
    gills is greater than 100 mg/i but less 200 mg/l.
    No
    mortalities were observed at 10
    rng/l on rainbow trout,
    bass,
    and
    faLhcad minnows
    .
    The
    Agency also received
    a letter dated January 31,
    1974
    from John H.
    Jordan, Ph.D., Technical Services Coordinator,
    U.S. EPA stating that potable water which has been treated
    with endothall at 3.0 ppm should not be used within fourteen
    days.
    The Agency recommended that a condition of the variance
    should be not using the pond for drinking water for fourteen
    days.
    The Agency verified that Richard Rogers would make the
    application of rotenone and Aquathol K.
    Rogers contends
    that rotenone will have to be applied in the
    3 ppm range in
    23
    —
    506
    —3—
    order to kill the bullheads.
    A
    1 ppm application,
    in
    his view, only puts the fish population in the pond in
    a worse condition.
    It has been Mr.
    Rogers experience
    that
    concentrations
    below
    3 ppm will not kill bullheads.
    Rogers
    stated
    that
    if necessary he would require finger-
    ling bluegills survive
    48 hours exposure in live cars
    before allowing the water to be used for drinking purposes.
    The Agency points out that Petitioner has failed to
    supply information as to possible effects of rotenone at
    3 ppm upon a pond that is used for potable water.
    The
    Agency recommends that unless further information is
    supplied regarding applications
    in excess of
    1 ppm that
    the application of rotenone be limited to
    a maximum of
    1 ppm as the Board has allowed previously in public water
    supply cases, City of Vandalia v. EPA,
    21 PCB 459
    (1976),
    and Mt. Vernon Gun and Sportsmen’s Club v. EPA,
    18 PCB
    566
    (1975)
    Petitioner fails
    to indicate whether the fish killed
    by the rotenone application will be removed from the pond
    after the treatment.
    The Agency recommends that Petitioner
    must supply an adequate method of collection and disposal
    of the fish before obtaining a variance.
    The Board finds that the rotenone treatment proposed
    is the only practicable method of fish population manage-
    ment and that with the Agency’s conditions there will be
    no hazard to the public water supply.
    With such precau-
    tions denial of the variance would be an unreasonable
    hardship.
    The Board therefore grants a variance from
    Rule 203(h)
    of the Regulations subject to the conditions
    recommended by the Agency.
    This Opinion constitutes the Board’s findings of
    facts and conclusions of law.
    ORDER
    The Pollution Control Board hereby grants Robert
    Cinq-Mars a variance from the provisions of Rule 203(h)
    of the Chapter
    3: Water Pollution Regulations,
    to apply
    concentrations of rotenone and Aquathol K to the Johnson
    Subdivision Pond subject to the following conditions:
    a.
    That the rotenone application be limited to
    1 ppm.
    b.
    That the Aquathol K application be limited to
    3 ppm.
    23
    —
    507
    —4—
    c.
    That the application be applied by personnel of
    the Illinois Department of Conservation.
    d.
    That the Agency be notified at least twenty-four
    hours prior to the time of application.
    e.
    That an acceptable method for collection and
    disposal of dead fish be submitted to the Agency
    before application of the toxicants.
    f.
    That individual homeowners that use the Johnson
    Subdivision Pond as a source of potable water
    supply be notified at least twenty-four hours
    prior to the application of the chemicals.
    g.
    That the chemicals be applied when the pond is
    below the spiliway level.
    h.
    That the Johnson Subdivision Pond be closed for
    all primary and secondary contact use including,
    but not limited to, drinking water,
    swimming,
    boating and fishing for a minimum of fourteen
    days after treatments and until such time as
    bluegills survive forty-eight hour exposure in
    live cars.
    i.
    That water samples be collected and analyzed for
    rotenone and Aquatho.
    K before the pond is used
    as a source of potable water.
    j.
    That each household in the subdivision be contacted
    and a ‘signature obtained from the appropriate head
    of the household acknowledging the above conditions
    of the PCB Order and agreeing not to use the lake
    waters for the indicated times and uses set forth
    in the Order.
    k.
    Prior to the application of the chemicals, but not
    more than twenty-eight 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 Pro-
    tection Agency,
    2200 Churchill Road, Springfield,
    Illinois
    62706 and to the Illinois Pollution Control
    Board the Certification of Acceptance and Agreement
    to be bound to all the terms and conditions of the
    Variance.
    The form of said Certification shall be
    as follows:
    23
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    508
    —5—
    I
    (We)
    CERTIFICATION
    having
    read
    and fully understanding the Order of the Pollution Con-
    trol Board
    in PCB 76-177 hereby accept said Order and
    agree to be bound by all of the terms and conditions
    thereof.
    IT
    IS
    SO ORDERED
    SIGNED:
    TITLE:
    DATE:
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinio
    and Order
    were adopted o~the
    ____________
    day of
    ,
    1976
    by
    a
    vote
    of
    ~
    Illinois Pollution
    ol Board
    23
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    509

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