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.
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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
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591