ILLINOIS POLLUTION CONTROL BOARD
April 8, 1976
ILLINOIS NATURAL HISTORY SURVEY,
)
Petitioner,
v.
)
PCB 76—44
ENVIRONMENTAL PROTECTION AGENCY,
)
)
Respondent.
OPINION AND ORDER OF THE BOARD (by Dr. Satchell):
The Illinois Natural History Survey (Petitioner) filed a
variance petition on February 13, 1976 seeking relief from
Rule 203(h) of Chapter 3: Water Pollution Regulations.
Petitioner seeks to make an application of antilnycin A to
determine whether certain fishes in Lake Sangchris can be
selectively removed without affecting some of the more
desirable species in the population. Following this treat-
ment Petitioner would make an application of rotenone to
complete a “standing crop” survey of the fish populations
in the lake. The Environmental Protection Agency (Agency)
Recommendation was filed March 17, 1976. No hearing was
held.
Lake Sangchris is a 2,100 acre body of water; only two
small bays (3-5 acres in size) would receive the treatment.
The Lake was formed as an artificial cooling lake for Common-
wealth Edison Company~spower generating station at the south
end of the Lake. The waters of these bays are to be separated
from the reservoir and contained by polyethylene sheeting.
Petitioner states that antimycin A will be applied at a
con-
centration of .05 parts per billion, and rotenone will be
applied at 1 part per million. The chemicals will be initially
applied during the Spring of 1976 and then, to compare seasonal
effects, the study will be completed during mid-summer. Peti-
tioner also indicates that the antimyc1n A will remain toxic
for approximately 1 1/2 days and the rotenone for six hours.
Petitioner states that following the application, the embayed
area will be detoxified with potassium permanganate and the
plastic barriers may remain in place for an additional three
or four days as a safety precaution, The dead fish will be
collected, sorted, classified and then disposed of at a
licensed landfill. Petitioner states that the treatment is to
be applied by its assistant aquatic bioIo~i.st, Dr. John Tranquilli.
—2—
Petitioner alleges that Rule 203(h) of Chapter 3 con-
stitutes an arbitrary and unreasonable hardship as to
Petitioner’s fisheries research, as it prohibits the testing
of fisheries management chemicals and because there is no
alternative sampling procedure to determine the standing
crop of fish.
The Agency Recommendation favors the granting of a
variance. The Agency agrees with Petitioner that given
Petitioner’s research functions and the lack of an alter-
native fish census method, the denial of a variance would
work an unreasonable hardship.
The Agency indicates that the lake is not used as a
source of water supply for human or animal consumption.
The Agency believes that the use of plastic barriers and
the application of potassium permanganate for up to three
or four days should adequately protect the remaining areas
of the lake.
The Agency Recommendation notes that a similar variance
from Rule 203(h) to apply antimycin A and rotenone to Lake
Sangchris was granted to the Illinois Natural History Survey
on September 18, 1975 in PCB 75-316. Petitioner has pro-
vided letters approving the treatment from Commonwealth
Edison Company and from the Illinois Department of Conser-
vation. The Agency notes that these two approvals constitute
the required approval by all the holders of interest in the
lake.
The Board finds that Petitioner would be subject to an
unreasonable hardship by a variance denial, as no suitable
alternative means exist to obtain the research information
it requires. In addition the application procedure reflects
sufficient safeguards for the protection of non-subject
portions of the lake and its aquatic populations. Lastly,
there appears to be no inherent hazard to a public water
system at present. Therefore, a variance from Rule 203(h)
is granted to the Natural History Survey.
This Opinion constitutes the Board’s findings of fact
and conclusions of law.
ORDER
The Pollution Control Board hereby grants the Illinois
Natural History Survey a variance from Rule 203(h) of
21
—
13Q
—3—
Chapter 3 during the Spring and Summer of 1976 subject to
the following conditions:
1. That the toxicants be applied by Dr. John Tranquilli,
Assistant Aquatic Biologist of the Illinois Natural History
Survey, such application to be made with all proper safety
precautions taken by applicator;
2. That the Petitioner use polyethylene sheeting to
retain the water in the bays while the chemicals remain toxic;
3. That the embayed areas will be detoxified with
potassium permanganate upon completion of the study;
4. That signs be posted surrounding the treated areas
warning against primary and secondary contact use of the
affected area during and after the application of the
chemicals, and such signs shall remain posted until finger-
ling bluegills survive 48 hours exposure in livecars.
5. That within seven days after the date of the Board
Order the Petitioner shall execute and forward to the Environ-
mental Protection Agency, Manager, Variance Section, Water
Pollution Control, 2200 Churchill Road, Springfield, Illinois
62706 and to the Pollution Control Board a Certification of
Acceptance and Agreement to be bound to all terms and con-
ditions of the variance. The form of the Certificate shall
be as follows:
CERTIFICATION
I (We),
having read
and fully understanding the Order of the Illinois Pollution
Control Board in PCB 76-44 hereby accept said Order and agree
to be bound by all of the terms and conditions thereof.
Signed ____________________________
Title ____________________________
Date ______________________________
Mr. Dumelle concurs.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, her~bycertify the above Opinion and Order w~re
adopted on the
~‘ ~“
day of
__________,
1976 by a vote of
‘IS- ~
Christan L. Moffett! erk
21—131
Illinois Pollution ontrol Board