ILLINOIS POLLUTION CONTROL BOARD

December

2,

1976

MIDAS MIDWEST,

 INC.,

)

Petitioner,

v.

)

 PCB 76—253

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION

AND

 ORDER OF THE BOARD

 (by Dr. Satchell):

This variance petition was filed with the Environmental

Protection Agency

 (Agency)

 on September 28,

 1976.

 The peti-

tion was then filed with the Pollution Control Board

 (Board)

on October

6,

 1976.

 Petitioner, Midas Midwest, Inc.,

 seeks a

variance from Rule 203(h)

 of Chapter

3:

 Water Pollution Regu-

lations

 (Chapter

3)

 in order to apply aquatic weed control

chemicals to Tower Lake and North Lake located

 in the Village

of Tower Lakes, Lake County,

 Illinois.

Petitioner wishes to treat Tower Lake and North Lake

with aquatic weed control chemicals as needed during the

period April

 1, 1977 through September

1,

 1977.

 The chemi-

cals and dosages to be used are those described in the

Department of Conservation’s brochure entitled “Aquatic

Weeds

 Their Identification and Methods of Control,” Fish-

ery Bulletin No.

4.

 Petitioner states that only the areas

that have unwanted growth will be treated.

 It is expected

that this limitation in treatment will result in a high

dilution rate and rapid decomposition.

 Petitioner indicates

that where

 a body of water has over twenty—five percent of

its area

 in unwanted growth only enough will be treated so

that

one

week

will

than

twenty—U~ve

percent

the

total

area

Lrcated.

Tower

Lake

eoii~

 i ~L~ of

approxi-

mately

seventy

acres

depth

five

feet

approximately

350 acre feet.

 North Lake consists of approximately seven

acres

 at a depth of five feet or approximately 35 acre

 feet.

Treated water will be retained in the lakes by a dam.

 Water

from the lakes

 is not used for human or domestic animal con-

sumption.

 The aquatic weed control chemicals will be applied

by a state licensed applicator.

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365

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Petitioner

 contends that if the lakes

 are not treated

they will be undesirable for sailing and swimming.

 Accord-

ing to Petitioner the treatment of the lakes will eliminate

the natural habitat of snails which can carry worms which

cause “swimmers’

 itch”.

 Unless algal growth is controlled

odor problems may result.

The Agency recommendation

 in this matter was filed on

October

 26, 1976.

 The Agency believes that Petitioner has

shown that arbitrary and unreasonable hardship will be

suffered if the variance is denied.

 The Agency recommends

that the variance be granted subject to certain conditions.

The Agency notes that four of the herbicides listed in the

Department of Conservation’s brochure are not registered

with the U.S.

 EPA.

 These four herbicides are amitrole,

 dalapon,

sodium arsenite, and 2,4,5—T ester.

 The Agency recommends

that Petitioner should be required to utilize only those

herbicides registered with U.S. EPA.

 Furthermore,

 the Agency

believes that the registered herbicides should be applied

only if the manufacturer’s label states that the particular

herbicide

 is for aquatic rather than terrestial use.

 Each

herbicide should only be used to treat the specific aquatic

plants listed on the label.

 The Agency also recommends that

in accord with past Board variances to Rule 203(h) that a

Department of Conservation Fishery Biologist should apply or

supervise the administration of aquatic weed control chemicals

to Tower and North Lakes.

 Finally the Agency recommends Peti-

tioner should be required to provide notice to the public prior

to the treatment of the lakes.

The Board has in the past granted numerous variances from

Rule 203(h)

 to permit applications of piscicides when neces-

sary to enhance game fishing and to permit applications of

herbicides

 to eliminate nuisance weed populations.

 The Board

also has before

 it a regulatory change to Rule 203(h).

The

proposed change will allow application of aquatic herbicides

and piscicides under certain restrictions.

 The Board finds

that the facts are sufficient to show Petitioner would suffer

an arbitrary and unreasonable hardship should the variance be

denied.

 The Board therefore grants the variance subject to

all of the Agency’s recommended conditions

 as set out in the

order accompanying this opinion.

This opinion constitutes the Board’s findings of fact

and conclusions of law.

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366

—3—

ORDER

The Pollution Control Board hereby grants Midas Midwest,

Inc.,

 a variance from Rule 203(h)

 of the Chapter 3: Water

Pollution Regulations

 in order to apply aquatic herbicides

to Tower Lake and North Lake during the period from April

1,

1977 to September

 1, 1977.

 This variance

 is subject to the

following conditions:

(a)

 Petitioner shall only utilize those herbicides

which have been registered with the U.S. EPA

and which are listed in the Illinois Department

of Conservation brochure entitled “Aquatic Weeds

Their Identification and Methods of Control”;

(b) An Illinois Department of Conservation Aquatic

Biologist shall apply or supervise the applica-

tion of herbicides to Tower and North Lakes;

(c) The herbicide dosage rate shall not exceed that

recommended in the Illinois Department of Con-

servation brochure entitled “Aquatic Weeds

—

The~irIdentification and Methods of Control”;

and that Petitioner shall only utilize U.S. EPA

registered herbicides which have been designated

by the manufacturer

 for aquatic use;

(d) Petitioner shall post Tower and North Lakes prior

to treatment and during application and afterwards

for the period of time specified by the aforemen-

tioned Aquatic Biologist

 (See “b”

 above);

(e) Within 28 days after the date of the Board Order

herein,

 the Petitioner shall execute and forward

to the Illinois Environmental Protection Agency,

Variance Section, Manager, Division of Water

Pollution Control,

 2200 Churchill

 Road, Spring-

field,

 Illinois 62706, and to the illinois

Pollution Control Board a Certificate of Accep-

tance and Agreement to be bound to all conditions

of the variance.

 The form of said Certificate

shall be as follows:

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367

—4—

CERTIFICATION

I

 (We), _____________________________,

 having read

and fully understanding the order of the Illinois

Pollution Control Board in PCB 76-253, hereby accept

said order and agree to be bound by all terms and

conditions

 thereof.

SIGNED _______________________

TITLE ________________________

DATE ___________________________

IT

 IS SO ORDERED.

I, Christan

 L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby ce~ç~,tifythe abov

 Opinion and Order

were adopted pn the

 day of

_____________,

 1976 by

a vote of

C ristan L.

 Moffe

 lerk

Illinois Pollutio

 ntrol Board

2~1

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