ILLINOIS POLLUTION CONTROL BOARD
    September 18, 1975
    ILLINOIS NATURAL HISTORY SURVEY,
    Petitioner,
    )
    V.
    )
    PCB 75—322
    ENVIRONMENTAL PROTECTIC1N AGENCY, )
    Respondent.
    OPINION AND ORDER Of THE BOARD (by Mr. Dumelle):
    The Illinois N~tura1 History Survey (Petitioner) filed
    a variance petition on August 22, 1975, seeking relief from
    Rule 203(h) of Chapter 3: Water Pollution Regulations.
    Petitioner seeks to apply rotenone on sections of Lake
    Shelbyville to obtain a “standing cropt’ survey. The Environmental
    Protection Agency (Agercy) Recommendation to grant the variance
    was filed on September 4, 1975. No hearing was held.
    Lake Shelbyvilia has a surface acreage of 11,100 acres
    and discharges to the Kaskashia River. The lake is not a
    public water supply source although Vandalia, thirty miles
    downstream, uses the Kaskaskia River for its water supply.
    Petitioner proposes to treat only two small (3-5 acre) bays
    (average depth of 5 feet) without tributary streams. The
    waters of these bays ~re to be isolated from the resevoir by
    polyethelane sheeting. Petitioner states that the rotenone
    will be applied at a co~icentrationof 1 part per million and
    will remain toxic for approximately six hours. Petitioner
    states that as soon as the dead fish are processed, the area
    will be detoxified with potassium permanganate. Petitioner
    also indicates that the plastic barrier may be allowed to
    remain in place for three or four days as a safety precaution.
    Petitioner proposes that the application be made by its
    assistant aquatic biologist, Dr. John Tranquilli.
    Petitioner alleges that Rule 203(h) of Chapter 3 constitutes
    an arbitrary and unreasonable hardship on Petitioner’s
    research activities as there is no feasible alternative
    sampling procedure to determine fish populations.
    The Agency Recommendation agrees with Petitioner, that
    given Petitioner’s research functions and the lack of feasible
    alternative fish census techniques, a denial of the variance
    would work an unreas~nable hardship.
    18— 589

    —2—
    The ?~gencyrecommends that the use of plastic barriers
    to separate the treated areas from the rest of the resevoir
    and the application of potassium permanganate for up to
    three or four days will insure protection of the remaining
    areas of the lake. The Agency projects no downstream environmental
    harm from the application.
    A letter granting Petitioner permission by the U.S.
    Army Corps of Engineers to make the treatment was received by the
    Board on September 2, 1975. It sets the following four conditions
    which have been accepted by the Petitioner.
    a. Approval cf the activity by the Illinois Department
    of Conservation.
    b. The presence of an Illinois Department of Conservation
    Fisheries Division representative during performance of the
    research work.
    c. Approval of bay locations by the Illinois Department
    of Conservation Fisher~ies Division and Corps of Engineers
    Park Manager.
    d. Presence at all times during the work, of an official
    representative of the Natural History Survey to protect the
    site from unauthorized trespass by lake users.
    The Agency Recommendation notes that in Lake Patterson
    Fishing Club v. Environmental Protection Agency, PCB 74—341, the
    Board conditioned the grant of a similar variance on the
    application of the chemicals by an Illinois Department of
    Conservation Fishery Biologist, and that Petitioner proposes
    that the application be made by its own assistant aquatic
    biologist, Dr. Tranquilli. The Agency states that as Dr.
    Tranquilli has eight years of experience in toxicant application,
    and the proposed tre~atmenthas been approved by the Department
    of Conservation’s District Fishery Biologist, it would be
    appropriate for the Board to allow Dr. Tranquilli to apply
    the toxicant. The Agency also states that Petitioner has
    provided letters approving the treatment from Commonwealth
    Edison Company and the Illinois Department of Conservation.
    The Agency believes that these two approvals constitute the
    required approval by all the holders of interest in the
    lake.
    18— 590

    —3—
    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 information it requires.
    In addition the application procedure reflects sufficient
    safeguards for the pi~otection of non—subject portions of the
    lake and its aquatic pcpulations. Lastly, there appears to
    be no inherent hazard to a public water supply. Therefore,
    a variance from Rule 203(h) is granted to the Natural History
    Survey.
    The Board notes in conclusion, that an amendment to
    Rule 203(h) (R75-7) has been authorized for final public
    comment. This amendment provides, among other things, an
    exemption from Rule 203(h) for the Illinois Natural History
    Survey in the application of fish toxicants under its research
    programs. Toxicant applications in waters constituting a
    public water supply will require a permit from the Agency.
    For other waters the exemption would be automatic.
    The Opinion const.~tutes the Board’s findings of fact
    and conclusions of l~w
    ORDER
    The Pollution Control Board hereby grants the Natural
    History Survey a variance from Rule 203(h) of Chapter 3,
    during the Fall of 1975, subject to the following contitions:
    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 auplicator;
    2. That the P3titioner use polyethelane sheeting to
    retain the water in the bays while the chemicals remain
    toxic;
    3. That the ernbayed areas will be detoxified with
    potassium permanganate upon completion of the study;
    4. That Petitioner comply with the conditions set
    forth in the U.S. Army Corps of Engineers’ August 25, 1975,
    letter to Dr. Tranquili, as described in the Board’s Opinion.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereoy certify the above Opinion and Order
    were adopted on the /5~ day of September,
    1975 by
    a
    vote of
    2
    —o
    Illinois Pollutioi
    18
    591

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